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Private law compliance through smart contracts?

Smart contracts allow for automated compliance with contractual rules. They derive their “smartness” from an execution software that catches the most typical defaults and responds by mechanically triggering a compensation payment or another prearranged consequence. Through this self-enforcement mode, smart contracts are able to save time and effort that is associated with more customary rights enforcement mechanisms. Now, whereas compliance with in-house rules or corporate governance standards is common today, compliance with contract law only occurs on a voluntary basis. This might, however, change if businesses should be obliged to automatically meet customer claims through smart contracts. On the basis of a sample case, this article examines the pros and cons of smart consumer contracts and carves out the most suitable applications of smart contracts as a means to ensure private law compliance.

Identiferoai:union.ndltd.org:DRESDEN/oai:qucosa:de:qucosa:21214
Date14 May 2018
CreatorsFries, Martin
PublisherUniversität Leipzig, University of Miami
Source SetsHochschulschriftenserver (HSSS) der SLUB Dresden
LanguageEnglish
Detected LanguageEnglish
Typeinfo:eu-repo/semantics/acceptedVersion, doc-type:article, info:eu-repo/semantics/article, doc-type:Text
Rightsinfo:eu-repo/semantics/openAccess
Relationurn:nbn:de:bsz:15-qucosa2-212110, qucosa:21211

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