Smart Contracts In Comparative Law

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Smart Contracts and Comparative Law

Author : Andrea Stazi
Publisher : Springer Nature
ISBN 13 : 3030832406
Total Pages : 152 pages
Book Rating : 4.0/5 (38 download)

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Book Synopsis Smart Contracts and Comparative Law by : Andrea Stazi

Download or read book Smart Contracts and Comparative Law written by Andrea Stazi and published by Springer Nature. This book was released on 2021-12-08 with total page 152 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 in Comparative Law

Author : Andrea Stazi
Publisher :
ISBN 13 : 9788892140059
Total Pages : 146 pages
Book Rating : 4.1/5 (4 download)

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Book Synopsis Smart Contracts in Comparative Law by : Andrea Stazi

Download or read book Smart Contracts in Comparative Law written by Andrea Stazi and published by . This book was released on 2022 with total page 146 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Digitalization and Firm Performance

Author : Milena Ratajczak-Mrozek
Publisher : Springer Nature
ISBN 13 : 3030833607
Total Pages : 327 pages
Book Rating : 4.0/5 (38 download)

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Book Synopsis Digitalization and Firm Performance by : Milena Ratajczak-Mrozek

Download or read book Digitalization and Firm Performance written by Milena Ratajczak-Mrozek and published by Springer Nature. This book was released on 2021-12-02 with total page 327 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 Agreements on Smart Contract Platforms in European Systems of Private Law

Author : Jasper Verstappen
Publisher : Springer Nature
ISBN 13 : 3031354079
Total Pages : 424 pages
Book Rating : 4.0/5 (313 download)

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Book Synopsis Legal Agreements on Smart Contract Platforms in European Systems of Private Law by : Jasper Verstappen

Download or read book Legal Agreements on Smart Contract Platforms in European Systems of Private Law written by Jasper Verstappen and published by Springer Nature. This book was released on 2023-06-23 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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”.

Legal Tech, Smart Contracts and Blockchain

Author : Marcelo Corrales
Publisher : Springer
ISBN 13 : 9789811360855
Total Pages : 276 pages
Book Rating : 4.3/5 (68 download)

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Book Synopsis Legal Tech, Smart Contracts and Blockchain by : Marcelo Corrales

Download or read book Legal Tech, Smart Contracts and Blockchain written by Marcelo Corrales and published by Springer. This book was released on 2019-02-20 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Cambridge Handbook of Smart Contracts, Blockchain Technology and Digital Platforms

Author : Larry A. DiMatteo
Publisher : Cambridge University Press
ISBN 13 : 9781108492560
Total Pages : 500 pages
Book Rating : 4.4/5 (925 download)

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Book Synopsis The Cambridge Handbook of Smart Contracts, Blockchain Technology and Digital Platforms by : Larry A. DiMatteo

Download or read book The Cambridge Handbook of Smart Contracts, Blockchain Technology and Digital Platforms written by Larry A. DiMatteo and published by Cambridge University Press. This book was released on 2019-10-31 with total page 500 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Blockchains, Smart Contracts, Decentralised Autonomous Organisations and the Law

Author : Daniel Kraus
Publisher : Edward Elgar Publishing
ISBN 13 : 1788115139
Total Pages : 384 pages
Book Rating : 4.7/5 (881 download)

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Book Synopsis Blockchains, Smart Contracts, Decentralised Autonomous Organisations and the Law by : Daniel Kraus

Download or read book Blockchains, Smart Contracts, Decentralised Autonomous Organisations and the Law written by Daniel Kraus and published by Edward Elgar Publishing. This book was released on 2019 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Legal Challenges in the New Digital Age

Author : Ana Mercedes Lopez Rodriguez
Publisher : BRILL
ISBN 13 : 9004447415
Total Pages : 309 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis Legal Challenges in the New Digital Age by : Ana Mercedes Lopez Rodriguez

Download or read book Legal Challenges in the New Digital Age written by Ana Mercedes Lopez Rodriguez and published by BRILL. This book was released on 2021-02-01 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal Challenges in the New Digital Age addresses a wide range of legal issues related to emerging technologies. These technologies pose prominent legal challenges, in particular, how to wedge new phenomena into old frameworks; whether we can and should delegate responsibilities to technologies and how to cope with newly created powers of manipulation. Edited by Ana Mercedes Lopez Rodriguez, Michael D. Green and Maria Lubomira Kubica, the book’s sixteen chapters are written by highly qualified international practitioners and academics from different jurisdictions. Familiarity with the intricacies of emerging technologies is essential for judges, practitioners, legal staff, business people and scholars. This book’s combination of highly thought-provoking topics and in-depth analysis will prove indispensable to all interested parties.

Contracting and Contract Law in the Age of Artificial Intelligence

Author : Martin Ebers
Publisher : Bloomsbury Publishing
ISBN 13 : 1509950699
Total Pages : 325 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Contracting and Contract Law in the Age of Artificial Intelligence by : Martin Ebers

Download or read book Contracting and Contract Law in the Age of Artificial Intelligence written by Martin Ebers and published by Bloomsbury Publishing. This book was released on 2022-06-30 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 internacional law

Author : Alfonso Ortega Giménez
Publisher : ARANZADI / CIVITAS
ISBN 13 : 8411245772
Total Pages : 96 pages
Book Rating : 4.4/5 (112 download)

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Book Synopsis Smart contracts and private internacional law by : Alfonso Ortega Giménez

Download or read book Smart contracts and private internacional law written by Alfonso Ortega Giménez and published by ARANZADI / CIVITAS. This book was released on 2022-04-28 with total page 96 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Smart Legal Contracts

Author : Jason Allen
Publisher : Oxford University Press
ISBN 13 : 0192674307
Total Pages : 529 pages
Book Rating : 4.1/5 (926 download)

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Book Synopsis Smart Legal Contracts by : Jason Allen

Download or read book Smart Legal Contracts written by Jason Allen and published by Oxford University Press. This book was released on 2022-04-04 with total page 529 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Blockchain and Smart Contract Law

Author : Aaron Grinhaus
Publisher :
ISBN 13 : 9781663332455
Total Pages : 0 pages
Book Rating : 4.3/5 (324 download)

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Book Synopsis Blockchain and Smart Contract Law by : Aaron Grinhaus

Download or read book Blockchain and Smart Contract Law written by Aaron Grinhaus and published by . This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Blockchain and Smart Contract Law: U.S. and International Perspectives is a practical guide for lawyers, accountants, entrepreneurs, and businesses in the technology sector who need to understand the legal and regulatory landscape of digital assets and Blockchain-related technologies. The publication addresses the current state of the law and new interpretations by regulators in response to ongoing innovations that continue to raise novel legal issues and make the enforcement of laws and regulations increasingly difficult. The book examines U.S., Canada, offshore, and international jurisdictions that have become influential in the regulation of digital assets and Blockchain-related technologies. Blockchain and Smart Contract Law: U.S. and International Perspectives provides a unique analysis of the impact of financial technologies on multiple legal disciplines, including securities law considerations, tax treatment of digital assets, business structuring, anti-money laundering, smart contracts, intellectual property, and estate planning. -- from publisher website.

The Cambridge Handbook of Smart Contracts, Blockchain Technology and Digital Platforms

Author : Larry A. DiMatteo
Publisher : Cambridge University Press
ISBN 13 : 1108624820
Total Pages : pages
Book Rating : 4.1/5 (86 download)

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Book Synopsis The Cambridge Handbook of Smart Contracts, Blockchain Technology and Digital Platforms by : Larry A. DiMatteo

Download or read book The Cambridge Handbook of Smart Contracts, Blockchain Technology and Digital Platforms written by Larry A. DiMatteo and published by Cambridge University Press. This book was released on 2019-10-31 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Biotechnological Inventions and Patentability of Life

Author : Andrea Stazi
Publisher : Edward Elgar Publishing
ISBN 13 : 1784715905
Total Pages : 336 pages
Book Rating : 4.7/5 (847 download)

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Book Synopsis Biotechnological Inventions and Patentability of Life by : Andrea Stazi

Download or read book Biotechnological Inventions and Patentability of Life written by Andrea Stazi and published by Edward Elgar Publishing. This book was released on 2015-05-29 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: In todayês technological world, biotechnology is one of the most innovative and highly invested-in industries for research, in the field of science. This book analyses the forms and limitations of patent protection recognition for biotechnological inve

Research Handbook on International Commercial Contracts

Author : Andrew Hutchison
Publisher : Edward Elgar Publishing
ISBN 13 : 178897106X
Total Pages : 368 pages
Book Rating : 4.7/5 (889 download)

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Book Synopsis Research Handbook on International Commercial Contracts by : Andrew Hutchison

Download or read book Research Handbook on International Commercial Contracts written by Andrew Hutchison and published by Edward Elgar Publishing. This book was released on 2020-12-25 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive Research Handbook examines the continuum between private ordering and state regulation in the lex mercatoria, highlighting constancy and change in this dynamic and evolving system in order to offer an in-depth discussion of international commercial contract law. International scholars from a range of jurisdictions and legal cultures across Africa, North America and Europe, dissect a plethora of contract types, including sale, insurance, shipping, credit, negotiable instruments and agency against the backdrop of key legal regimes commonly chosen in international agreements.

Implications of Blockchain-Based Smart Contracts on Contract Law

Author : Chantal Bomprezzi
Publisher :
ISBN 13 : 9783848785926
Total Pages : 266 pages
Book Rating : 4.7/5 (859 download)

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Book Synopsis Implications of Blockchain-Based Smart Contracts on Contract Law by : Chantal Bomprezzi

Download or read book Implications of Blockchain-Based Smart Contracts on Contract Law written by Chantal Bomprezzi and published by . This book was released on 2021-11-24 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an in-depth analysis of the main debates surrounding blockchain-based smart contracts and contract law. After having provided a detailed description of the technology, it considers existing rules concerning technology and contracts, from vending machines to computable contracts, and verifies its applicability to blockchain-based smart contracts. Namely, it focuses on the implications of blockchain-based smart contracts on contract formation, contract performance, and applicable law and jurisdiction.

Smart Contracts

Author : Marcelo Corrales Compagnucci
Publisher : Bloomsbury Publishing
ISBN 13 : 1509937021
Total Pages : 213 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Smart Contracts by : Marcelo Corrales Compagnucci

Download or read book Smart Contracts written by Marcelo Corrales Compagnucci and published by Bloomsbury Publishing. This book was released on 2021-06-03 with total page 213 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings together a series of contributions by leading scholars and practitioners to examine the main features of smart contracts, as well as the response of key stakeholders in technology, business, government and the law. It explores how this new technology interfaces with the goals and content of contract law, introducing and evaluating several mechanisms to improve the 'observability' and reduce the costs of verifying contractual obligations and performance. It also outlines various 'design patterns' that ensure that end users are protected from themselves, prevent cognitive accidents, and translate expectations and values into more user-oriented agreements. Furthermore, the chapters map the new risks associated with smart contracts, particularly for consumers, and consider how they might be alleviated. The book also discusses the challenge of integrating data protection and privacy concerns into the design of these agreements and the broad range of legal knowledge and skills required. The case for using smart contracts goes beyond 'contracts' narrowly defined, and they are increasingly used to disrupt traditional models of business organisation. The book discusses so-called decentralised autonomous organisations and decentralised finance as illustrations of this trend. This book is designed for those interested in looking to deepen their understanding of this game-changing new legal technology.