SMART CONTRACTS AND THEIR RECOGNITION BY THE LEGAL SYSTEM

Abstract:

Smart contracts emerged with the development of the blockchains and made it possible for contractual agreements to be fulfilled automatically, without the intervention of a third party. The present work aims to analyze the incorporation of Smart contracts in the legal system, confronting them with the contract theory; being relevant because of the little legal literature on them, the available one comes from Asian and Anglo-Saxon countries, being necessary to address this problem by Latin American doctrinarians and thus provide tools that allow the updating of our legal systems. The methodology is qualitative, the hermeneutic method was used, which allowed the analysis of the documents. It was concluded that smarts contracts can be considered contracts from the legal point of view, but with their own characteristics due to their technological nature. Within the legal system they would be placed in private law with difficult intervention of the State in case of non-compliance.

Año de publicación:

2022

Keywords:

• SMART CONTRACTS
• BLOCKCHAIN
• Legal system
• contract

Fuente:

scopus