Journal of Siberian Federal University. Humanities & Social Sciences: Legal Issues of Smart Contracts in Contract Law

Journal of Siberian Federal University. Humanities & Social Sciences / Legal Issues of Smart Contracts in Contract Law

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Issue: Journal of Siberian Federal University. Humanities & Social Sciences. 2021 14 (11)
Authors: Zainutdinova, Elizaveta V.
Contact information: Zainutdinova, Elizaveta V.: Novosibirsk State University Novosibirsk, Russian Federation;
Keywords: Smart contract; contract law, performance of obligations; automated performance of obligations; mutual restitution
Abstract: The research is carried out on some legal issues of smart contracts and their place in Russian and other countries’ contract law. By means of contract law such issues are analysed: 1) conclusion and performance of smart contracts’ obligations; 2) practical issues arising due to smart contracts’ use; 3) contract law provisions that might be applied to smart contracts; 4) issues that are not covered by the legislation but need to be addressed. A smart contract is considered to be a contract with the specific type of performance of obligations (automated performance). Smart contract is a contract concluded with an exchange of data (type of a written form). Smart contracts are performed with the help of automated performance and previously expressed consent of parties. It is proved that smart contracts could be modified and terminated giving a mechanism for that as well as provides for measures of defence and responsibility that could be applied for obligations out of smart contracts. As the result, provisions of smart contracts that reflect smart contracts’ place and peculiarities in contract law are formulated
Pages: 1626–1634
DOI: 10.17516/1997-1370-0845
Paper at repository of SibFU: https://elib.sfu-kras.ru/handle/2311/144842

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