Author : Andrea Stazi
Publisher : Unknown
Page : 146 pages
File Size : 50,5 Mb
Release : 2022
Category : Law
ISBN : 8892140051
Smart Contracts in Comparative Law
Andrea Stazi
Smart Contracts And Comparative Law
Smart Contracts And Comparative Law Book in PDF, ePub and Kindle version is available to download in english. Read online anytime anywhere directly from your device. Click on the download button below to get a free pdf file of Smart Contracts And Comparative Law book. This book definitely worth reading, it is an incredibly well-written.
Smart Contracts and Comparative Law
Andrea Stazi
Author : Andrea Stazi
Publisher : Unknown
Page : 0 pages
File Size : 42,6 Mb
Release : 2021
Category : Electronic
ISBN : 3030832414
Smart Contracts and Comparative Law by Andrea Stazi Pdf
The book analyzes the most relevant developments in the relation between contracts and technology, from automatically concluded contracts to today's revolutionary "smart contracts" developed through blockchain, which are beginning to and will increasingly disrupt many economic and social relations. First of all, the author offers a broad analysis of the peculiarities and evolution of the relation between contracts and technology. The main features and elements of electronic contracts are then examined in depth to highlight the specific rules applicable to them in the international comparative legal framework. In turn, the book provides a detailed explanation of the technology, economic and social dynamics, and legal issues concerning blockchain and smart contracts. The analysis focuses on the question of the legal nature of smart contracts, the issues posed by their development and the first legal solutions adopted in some countries. The comparative approach pursued makes it possible to focus attention on the first solutions adopted until now in various systems, with particular regard to the circulation of models and ideas and to the specificities of their local variations, in terms of e.g. applicable law and jurisdiction. In reviewing the characteristics of distributed ledger technologies, and in particular of the blockchain technology on which smart contracts are based, above all the peculiarities of the latter are taken into consideration, especially automatic execution and resistance to tampering, which simultaneously present significant opportunities and complex legal issues. A comprehensive framework is then provided to reconcile smart contracts with comparative contract law, in order to define the scope and specificities of their binding force, legal effectiveness and regulation in various legal systems. Lastly, with specific reference to the elements, pathologies and contractual remedies for smart contracts, the book examines the peculiarities of their application and the main issues that emerge in comparative contract law in order to promote their harmonized use, in keeping with the transnational nature of such a revolutionary tool.
Smart Contracts and Comparative Law
Andrea Stazi
Author : Andrea Stazi
Publisher : Springer Nature
Page : 152 pages
File Size : 46,6 Mb
Release : 2021-12-08
Category : Law
ISBN : 9783030832407
Smart Contracts and Comparative Law by Andrea Stazi Pdf
The book analyzes the most relevant developments in the relation between contracts and technology, from automatically concluded contracts to today's revolutionary "smart contracts" developed through blockchain, which are beginning to and will increasingly disrupt many economic and social relations. First of all, the author offers a broad analysis of the peculiarities and evolution of the relation between contracts and technology. The main features and elements of electronic contracts are then examined in depth to highlight the specific rules applicable to them in the international comparative legal framework. In turn, the book provides a detailed explanation of the technology, economic and social dynamics, and legal issues concerning blockchain and smart contracts. The analysis focuses on the question of the legal nature of smart contracts, the issues posed by their development and the first legal solutions adopted in some countries. The comparative approach pursued makes it possible to focus attention on the first solutions adopted until now in various systems, with particular regard to the circulation of models and ideas and to the specificities of their local variations, in terms of e.g. applicable law and jurisdiction. In reviewing the characteristics of distributed ledger technologies, and in particular of the blockchain technology on which smart contracts are based, above all the peculiarities of the latter are taken into consideration, especially automatic execution and resistance to tampering, which simultaneously present significant opportunities and complex legal issues. A comprehensive framework is then provided to reconcile smart contracts with comparative contract law, in order to define the scope and specificities of their binding force, legal effectiveness and regulation in various legal systems. Lastly, with specific reference to the elements, pathologies and contractual remedies for smart contracts, the book examines the peculiarities of their application and the main issues that emerge in comparative contract law in order to promote their harmonized use, in keeping with the transnational nature of such a revolutionary tool.
Legal Agreements on Smart Contract Platforms in European Systems of Private Law
Jasper Verstappen
Author : Jasper Verstappen
Publisher : Springer Nature
Page : 424 pages
File Size : 49,7 Mb
Release : 2023-06-23
Category : Law
ISBN : 9783031354076
Legal Agreements on Smart Contract Platforms in European Systems of Private Law by Jasper Verstappen Pdf
Blockchains and smart contracts are emerging technologies that pose unique challenges for legal systems. This book outlines the extent to which these new and innovative technologies could have potentially disruptive effects on contract law in Europe. It does so through a comparative, three-part analysis of the recognisability and effects of smart contracts in European legal systems. First of all, in light of the technologies’ transboundary nature, the book employs a comparative approach, considering French law, German law, English law, and Dutch law to analyse the impact on the different systems of contract law. While doing so, it also addresses the formation, interpretation, and vitiation of contracts. Secondly, it analyses the impact of these technologies on European laws regarding unfair terms in consumer contracts and argues that the existing rules should be applied to smart legal agreements in business-to-consumer relations. Lastly, it analyses the current European rules of private international law on the basis of which jurisdiction and applicable law are developed. In this respect, the book concludes that the vast majority of these European rules are “smart contract-proof”.
Digitalization and Firm Performance
Milena Ratajczak-Mrozek,Paweł Marszałek
Author : Milena Ratajczak-Mrozek,Paweł Marszałek
Publisher : Springer Nature
Page : 327 pages
File Size : 42,8 Mb
Release : 2021-12-02
Category : Business & Economics
ISBN : 9783030833602
Digitalization and Firm Performance by Milena Ratajczak-Mrozek,Paweł Marszałek Pdf
This book explores how digitalization and digital technologies influence markets, firms, financial institutions and organizations. Drawing on examples from Canada, Poland, France, Albania, Africa and Turkey this book takes a truly international perspective. It explores the technical aspects of digitalization, with chapters examining topics like how digitization creates value in a small company, how digital-driven business drives innovation, how import-exporting firms can increase productivity within the digital economy and how financial systems and institutions evolve due to new technologies. However, the book goes beyond this and, by adopting a holistic view, examines the social impact of digitalization, with the authors discussing how trade unions and employers present Industry 4.0 to employees and the general public. This book will be of interest to anyone studying digital innovation, digital management, digital strategy, Fin Tech, firm management, and Industry 4.0. Chapter 1 is available open access under a Creative Commons Attribution 4.0 International License via link.springer.com.
Legal Tech, Smart Contracts and Blockchain
Marcelo Corrales,Mark Fenwick (Law teacher),Helena Haapio
Author : Marcelo Corrales,Mark Fenwick (Law teacher),Helena Haapio
Publisher : Unknown
Page : 276 pages
File Size : 55,6 Mb
Release : 2019
Category : Blockchains (Databases)
ISBN : 9811360871
Legal Tech, Smart Contracts and Blockchain by Marcelo Corrales,Mark Fenwick (Law teacher),Helena Haapio Pdf
There is a broad consensus amongst law firms and in-house legal departments that next generation "Legal Tech"--Particularly in the form of Blockchain-based technologies and Smart Contracts - will have a profound impact on the future operations of all legal service providers. Legal Tech startups are already revolutionizing the legal industry by increasing the speed and efficiency of traditional legal services or replacing them altogether with new technologies. This on-going process of disruption within the legal profession offers significant opportunities for all business. However, it also poses a number of challenges for practitioners, trade associations, technology vendors, and regulators who often struggle to keep up with the technologies, resulting in a widening regulatory "gap." Many uncertainties remain regarding the scope, direction, and effects of these new technologies and their integration with existing practices and legacy systems. Adding to the challenges is the growing need for easy-to-use contracting solutions, on the one hand, and for protecting the users of such solutions, on the other. To respond to the challenges and to provide better legal communications, systems, and services Legal Tech scholars and practitioners have found allies in the emerging field of Legal Design. This collection brings together leading scholars and practitioners working on these issues from diverse jurisdictions. The aim is to introduce Blockchain and Smart Contract technologies, and to examine their on-going impact on the legal profession, business and regulators.
Blockchains, Smart Contracts, Decentralised Autonomous Organisations and the Law
Daniel Kraus,Thierry Obrist,Olivier Hari
Author : Daniel Kraus,Thierry Obrist,Olivier Hari
Publisher : Edward Elgar Publishing
Page : 384 pages
File Size : 49,6 Mb
Release : 2019
Category : LAW
ISBN : 9781788115131
Blockchains, Smart Contracts, Decentralised Autonomous Organisations and the Law by Daniel Kraus,Thierry Obrist,Olivier Hari Pdf
The growth of Blockchain technology presents a number of legal questions for lawyers, regulators and industry participants alike. Primarily, regulators must allow Blockchain technology to develop whilst also ensuring it is not being abused. This book addresses the challenges posed by various applications of Blockchain technology, such as cryptocurrencies, smart contracts and initial coin offerings, across different fields of law. Contributors explore whether the problems posed by Blockchain and its applications can be addressed within the present legal system or whether significant rethinking is required.
The Cambridge Handbook of Smart Contracts, Blockchain Technology and Digital Platforms
Larry A. DiMatteo,Michel Cannarsa,Cristina Poncib-
Author : Larry A. DiMatteo,Michel Cannarsa,Cristina Poncib-
Publisher : Cambridge University Press
Page : 500 pages
File Size : 40,6 Mb
Release : 2019-10-31
Category : Law
ISBN : 1108492568
The Cambridge Handbook of Smart Contracts, Blockchain Technology and Digital Platforms by Larry A. DiMatteo,Michel Cannarsa,Cristina Poncib- Pdf
The product of a unique collaboration between academic scholars, legal practitioners, and technology experts, this Handbook is the first of its kind to analyze the ongoing evolution of smart contracts, based upon blockchain technology, from the perspective of existing legal frameworks - namely, contract law. The book's coverage ranges across many areas of smart contracts and electronic or digital platforms to illuminate the impact of new, and often disruptive, technologies on the law. With a mix of scholarly commentary and practical application, chapter authors provide expert insights on the core issues involving the use of smart contracts, concluding that smart contracts cannot supplant contract law and the courts, but leaving open the question of whether there is a need for specialized regulations to prevent abuse. This book should be read by anyone interested in the disruptive effect of new technologies on the law generally, and contract law in particular.
Smart contracts and private internacional law
Alfonso Ortega Giménez
Author : Alfonso Ortega Giménez
Publisher : ARANZADI / CIVITAS
Page : 96 pages
File Size : 40,6 Mb
Release : 2022-04-28
Category : Law
ISBN : 9788411245777
Smart contracts and private internacional law by Alfonso Ortega Giménez Pdf
Globalization and new technologies with their breakneck competitiveness and speed of doing business have driven the development of e-commerce, changing the way products are sold and bought today. The new digital era in which we are immersed is allowing ever greater automation in various sectors of commerce and in society, with software and computer algorithms responsible for automatically executing previously programmed commands gaining greater prominence. In this environment, a new technology capable of designing contracts between individuals with the capacity to self-execute without the mediation of third parties and based on the revolutionary Blockchain technology, Smart Contracts, is of particular relevance. Unlike the centralized and traditional commercial model, Smart Contracts foster a new type of commercial relationship based on trust in new technologies, they offer immutability and distributed storage, which is what most distinguishes them from traditional agreements. Smart Contracts are impacting businesses and are laying the foundations for the future of business where Smart Contracts have every chance of being the seed of unprecedented change. The emergence of Smart Contracts creates the need to reflect, from the perspective of private international law, on the most appropriate legal framework for the requirements that this phenomenon will generate as its use becomes more widespread.
The Cambridge Handbook of Smart Contracts, Blockchain Technology and Digital Platforms
Larry A. DiMatteo,Michel Cannarsa,Cristina Poncib-
Author : Larry A. DiMatteo,Michel Cannarsa,Cristina Poncib-
Publisher : Cambridge University Press
Page : 0 pages
File Size : 44,9 Mb
Release : 2023-03-30
Category : Law
ISBN : 1009293168
The Cambridge Handbook of Smart Contracts, Blockchain Technology and Digital Platforms by Larry A. DiMatteo,Michel Cannarsa,Cristina Poncib- Pdf
The product of a unique collaboration between academic scholars, legal practitioners, and technology experts, this Handbook is the first of its kind to analyze the ongoing evolution of smart contracts, based upon blockchain technology, from the perspective of existing legal frameworks - namely, contract law. The book's coverage ranges across many areas of smart contracts and electronic or digital platforms to illuminate the impact of new, and often disruptive, technologies on the law. With a mix of scholarly commentary and practical application, chapter authors provide expert insights on the core issues involving the use of smart contracts, concluding that smart contracts cannot supplant contract law and the courts, but leaving open the question of whether there is a need for specialized regulations to prevent abuse. This book should be read by anyone interested in the disruptive effect of new technologies on the law generally, and contract law in particular.
Smart Legal Contracts
Jason Allen,Peter Hunn
Author : Jason Allen,Peter Hunn
Publisher : Oxford University Press
Page : 529 pages
File Size : 47,6 Mb
Release : 2022-04-04
Category : Law
ISBN : 9780192674302
Smart Legal Contracts by Jason Allen,Peter Hunn Pdf
Smart Legal Contracts: Computable Law in Theory and Practice is a landmark investigation into one of the most important trends at the interface of law and technology: the effort to harness emerging digital technologies to change the way that parties form and perform contracts. While developments in distributed ledger technology have brought the topic of 'smart contracts' into the mainstream of legal attention, this volume takes a broader approach to ask how computers can be used in the contracting process. This book assesses how contractual promises are expressed in software and how code-based artefacts can be incorporated within more conventional legal structures. With incisive contributions from members of the judiciary, legal scholars, practitioners, and computer scientists, this book sets out to frame the borders of an emerging area of law and start a more productive dialogue between the various disciplines involved in the evolution of contracts as software. It provides the first step towards a more disciplined approach to computational contracts that avoids the techno-legal ambiguities of 'smart contracts' and reveals an emerging taxonomy of approaches to encoding contracts in whole or in part. Conceived and written during a time when major legal systems began to engage with the advent of contracts in computable form, and aimed at a fundamental level of enquiry, this collection will provide essential insight into future trends and will provide a point of orientation for future scholarship and innovation.
Contracting and Contract Law in the Age of Artificial Intelligence
Martin Ebers,Cristina Poncibò,Mimi Zou
Author : Martin Ebers,Cristina Poncibò,Mimi Zou
Publisher : Bloomsbury Publishing
Page : 325 pages
File Size : 41,9 Mb
Release : 2022-06-30
Category : Law
ISBN : 9781509950690
Contracting and Contract Law in the Age of Artificial Intelligence by Martin Ebers,Cristina Poncibò,Mimi Zou Pdf
This book provides original, diverse, and timely insights into the nature, scope, and implications of Artificial Intelligence (AI), especially machine learning and natural language processing, in relation to contracting practices and contract law. The chapters feature unique, critical, and in-depth analysis of a range of topical issues, including how the use of AI in contracting affects key principles of contract law (from formation to remedies), the implications for autonomy, consent, and information asymmetries in contracting, and how AI is shaping contracting practices and the laws relating to specific types of contracts and sectors. The contributors represent an interdisciplinary team of lawyers, computer scientists, economists, political scientists, and linguists from academia, legal practice, policy, and the technology sector. The chapters not only engage with salient theories from different disciplines, but also examine current and potential real-world applications and implications of AI in contracting and explore feasible legal, policy, and technological responses to address the challenges presented by AI in this field. The book covers major common and civil law jurisdictions, including the EU, Italy, Germany, UK, US, and China. It should be read by anyone interested in the complex and fast-evolving relationship between AI, contract law, and related areas of law such as business, commercial, consumer, competition, and data protection laws.
Smart Contracts and Private International Law
Alfonso Ortega Giménez
Author : Alfonso Ortega Giménez
Publisher : Unknown
Page : 0 pages
File Size : 40,7 Mb
Release : 2022
Category : Electronic
ISBN : 841124427X
Smart Contracts and Private International Law by Alfonso Ortega Giménez Pdf
Blockchain, Law and Governance
Benedetta Cappiello,Gherardo Carullo
Author : Benedetta Cappiello,Gherardo Carullo
Publisher : Springer Nature
Page : 303 pages
File Size : 45,9 Mb
Release : 2020-10-21
Category : Law
ISBN : 9783030527228
Blockchain, Law and Governance by Benedetta Cappiello,Gherardo Carullo Pdf
This volume explores from a legal perspective, how blockchain works. Perhaps more than ever before, this new technology requires us to take a multidisciplinary approach. The contributing authors, which include distinguished academics, public officials from important national authorities, and market operators, discuss and demonstrate how this technology can be a driver of innovation and yield positive effects in our societies, legal systems and economic/financial system. In particular, they present critical analyses of the potential benefits and legal risks of distributed ledger technology, while also assessing the opportunities offered by blockchain, and possible modes of regulating it. Accordingly, the discussions chiefly focus on the law and governance of blockchain, and thus on the paradigm shift that this technology can bring about.
Blockchain and Private International Law
Andrea Bonomi,Matthias Lehmann,Shaheeza Lalani
Author : Andrea Bonomi,Matthias Lehmann,Shaheeza Lalani
Publisher : BRILL
Page : 807 pages
File Size : 42,9 Mb
Release : 2023-11-13
Category : Law
ISBN : 9789004514850
Blockchain and Private International Law by Andrea Bonomi,Matthias Lehmann,Shaheeza Lalani Pdf
The open access publication of this book has been published with the support of the Swiss National Science Foundation. Blockchain is the first global mechanism for the transfer and storage of value. Despite being conceived as an alternative to state and law, the technology and its use cases raise many legal questions, most notably, regarding jurisdiction and applicable law with respect to transactions and assets recorded on the blockchain. The issue is complex given the decentralised nature of the network. In this volume, academics and practitioners from various countries try to provide detailed answers to these questions as they relate to crypto-assets, cryptocurrencies, crypto derivatives, stablecoins, Central Bank Digital Currencies and Decentralised Autonomous Organisations (DAOs), as well as specific transactions and issues, such as property rights, secured transactions, smart contracts and bankruptcy. With specific chapters on national approaches (Germany, Japan, Liechtenstein, Switzerland, United States), the volume explores the need and possibility for legal harmonisation of these issues through global fora, such as the Hague Conference on Private International Law (HCCH) UNIDROIT.
