Smart Contracts and Comparative Law
Autor Andrea Stazien Limba Engleză Hardback – 9 dec 2021
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 pursuedmakes 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.
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Specificații
ISBN-13: 9783030832391
ISBN-10: 3030832392
Pagini: 156
Ilustrații: VIII, 146 p.
Dimensiuni: 160 x 241 x 15 mm
Greutate: 0.35 kg
Ediția:1st ed. 2021
Editura: Springer
Locul publicării:Cham, Switzerland
ISBN-10: 3030832392
Pagini: 156
Ilustrații: VIII, 146 p.
Dimensiuni: 160 x 241 x 15 mm
Greutate: 0.35 kg
Ediția:1st ed. 2021
Editura: Springer
Locul publicării:Cham, Switzerland
Cuprins
1 Introduction: Contract Automation and “Smart Contracts” in Comparative Law.- 2 Contract and Technology from Automatic to Telematic Contracts.- 3 Peculiarities and Regulation of Electronic Bargaining.- 4 Smart Contracts: Legal Issues and First Regulatory Approaches.- 5 Elements, Pathologies and Remedies of Smart Contracts.- 6 Conclusion.
Notă biografică
Andrea Stazi is a Full Professor of Comparative Law at San Raffaele Roma University, Visiting Professor in Biotechnology Law and Academic Fellow of the Centre for Technology, Robotics, Artificial Intelligence and the Law - TRAIL at National University of Singapore, and Adjunct Professor of International Business Negotiation at Lorenzo de Medici Institute of Florence. Previously Andrea was Associate Professor of Comparative Law and New Technologies Law and Director of the Innovation Law Laboratory at European University of Rome, Visiting Professor at Francisco de Vitoria University of Madrid, Beijing Normal University and Singapore Management University, Research Fellow at Max Planck Institute for Competition & IP Law of Munich, Institute for Information Law of the University of Amsterdam, National University of Singapore and FLACSO University of Buenos Aires, Member in the Expert Review Panel on Law at the Research Council for Culture and Society of the Academy of Finland, Coordinator of the Master in Competition and Innovation Law at Luiss University of Rome and Adjunct Professor at the University of Bologna. Professor Stazi authored more than 80 scientific publications, among which the books "GMOs, Food Traceability and RegTech", Springer, 2024, "Smart contracts and comparative law", Springer 2021, and "Biotechnological Inventions and Patentability of Life", Edward Elgar, 2015. He is a member of think tanks and research networks including Aspen Institute, World Metaverse Council, Government Blockchain Association, MEDEA - Mediterranean Europe and Africa IIC High Level Group and IPIRA - IP & Innovation Researchers of Asia Network, and Coordinator of the ASTRID Working Group on "Metaverse: Market and Rules". Riccardo Jovine is a PhD Candidate in Comparative Law and New Technologies Law at the European University of Rome, an Adjunct Professor of International Business Negotiation at Lorenzo de Medici Institute of Florence, and the Chief Operating Officer of the Italian Academy of the Internet Code. Formerly Riccardo was an Advisor for the Master's program in Food Law and Business at Luiss Guido Carli University, a Fellow of the Innovation Law Laboratory at the European University of Rome, a Fellow of the Law Journal Diritto Mercato Tecnologia" (DIMT), a Fellow of the Sports Law Review at the Italian National Olympic Committee, a Research Scientist at Dorna WorldSBK, and a Research Fellow at Mercy University in New York. He is a member of research networks including the Italian Association of Comparative Law, the International Institute of Communications (IIC), and the IP & Innovation Researchers of Asia Network (IPIRA).
Textul de pe ultima copertă
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 pursuedmakes 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.
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 pursuedmakes 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.
Caracteristici
Provides in-depth descriptions of the technology, functioning and economy of smart contracts Outlines the comparative legal framework under which they can be developed and enforced Deals with the technological, economic & social characteristics of smart contracts & accompanying legal issues