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Regulation Of Smart Contracts Under The Scope Of The "Civil Code" Contract

Posted on:2022-10-07Degree:MasterType:Thesis
Country:ChinaCandidate:X Y LuoFull Text:PDF
GTID:2506306491978549Subject:Law and law
Abstract/Summary:PDF Full Text Request
In recent years,with the innovation of blockchain technology,smart contracts have attracted the most attention.Compared with traditional contracts,smart contracts use computer programs to achieve automatic execution,which can save transaction costs and improve efficiency to a certain extent.The application prospect is very broad,and it is bound to cause huge changes in related fields.But at the same time,smart contracts also bring many challenges to the legal rules in the field of contracts in our country.If these challenges are not properly resolved,they will inevitably restrict further development in the future.Based on the technical support of the contract,this article analyzes the essence of the blockchain smart contract and clarifies that the legal relationship of the smart contract has not changed substantially.It can not only express the content of the contract,but also conform to the form of contract conclusion,but also through supplementary agreements.To achieve the purpose of modifying the contract,etc.Although the "contract" attribute of smart contracts has been determined,the "Civil Code" contract does not consider "contracts" concluded in the form of smart contracts.The difference from traditional contracts still has a strong impact on the existing contract system,such as the inability to conform or directly apply to the contract formation rules,effective requirements and remedies.Therefore,this paper puts forward feasible suggestions for the collision between smart contract and traditional contract system.Shall be construed by contract make provisions shall be applicable,with the aid of an anonymous provisions guarantee the validity of the contract behavior,in technology restricted intelligent contracts,laws and coded into operational layer for validation of the contract,the contract clearly define intelligence system of the external and internal responsibility relations,building intelligent contract platform centered regulatory system,increasing default relief way.
Keywords/Search Tags:Smart contract, legal character, contract system, regulation
PDF Full Text Request
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