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.
This collaboration between scholars, legal practitioners, and technology experts analyzes the ongoing evolution of smart contracts, based upon blockchain technology, from the perspective of existing legal frameworks. It will interest anyone interested in the disruptive effect of new technologies on the law generally, and contract law in particular.
Recenzijos
'This is a fascinating book with surprises for the reader in each chapter.' J. Brzezinski, Choice
Daugiau informacijos
Analyzes the ongoing evolution of smart contracts, based upon blockchain technology, from the perspective of existing legal frameworks.
Preface; Part I. General Framework: Legal and Technical:
1. Smart
contracts and contract law Larry A. DiMatteo, Michel Cannarsa and Cristina
Poncibņ;
2. Legal meaning of smart contracts Riccardo De Caria;
3. Technology
of smart contracts Valentina Gatteschi, Fabrizio Lamberti and Claudio
Demartini; Part II. Contract Law and Smart Contracts:
4. Contract formation
Mateja Durovic and André Janssen;
5. Challenges of smart contracts:
implementing excuses Eric Tjong Tjin Tai;
6. Contract interpretation Michel
Cannarsa;
7. Smart contracts and contractual remedies Larry A. DiMatteo and
Cristina Poncibņ; Part III. Electronic Platforms and Networks:
8. Digital
platforms: regulation and liability in EU law Piotr Tereszkiewicz;
9.
Blockchains: a technology for decentralized marketplaces Eliza Mik;
10.
Regulating smart contracts and online platforms: a Chinese perspective Jia
Wang and Lei Chen; Part IV. Privacy, Security, and Data Protection:
11.
Blockchain and data protection Lokke Moerel;
12. Data protection law in
hybrid worlds Sjef van Erp;
13. Smart contracts: issues of property and
security rights Louis-Daniel Muka Tshibende;
14. Algorithmic contracts and
consumer privacy Lauren Henry Scholz; Part V. Smart Contracts: Courts and the
Legal Profession:
15. Smart contracts and the courts Marc Clément;
16.
Usefulness and dangers of smart contracts in consumer transactions Oscar
Borgogno; Part VI. Future of Smart Contracts, Blockchain and Artificial
Intelligence:
17. Transactional technologies, legal disruption, and the case
of network contracts Roger Brownsword;
18. Observations on the impact of
technology on contract law Barbara Pasa and Larry A. DiMatteo;
19. Visions of
smart contracts Diana Wallis.
Larry A. DiMatteo is Huber Hurst Professor of Contract Law at the University of Florida. He is the former Editor-in-Chief of the American Business Law Journal, a 2012 Fulbright Professor at the University of Sofia, and author or co-author of 120 publications, including twelve books. Michel Cannarsa is Associate Professor and Dean at Université Catholique de Lyon Faculty of Law. His areas of research are International and European Law, Commercial Law, Comparative Law, Consumer Law, Law of Obligations and Legal Translation. Cristina Poncibņ is Associate Professor of Comparative Private Law at the Department of Law of the Universitą degli Studi di Torino, Italy. Her research interests are in the fields of comparative law, interdisciplinary approaches to comparative law, comparative contract law, private law and market regulation.
