Blockchain y smart contracts entre la normativa europea y el código civil español

Abstract

Observing what happens in the most advanced economies in the world, it is considered possible to affirm that the technological anddigital transformation has two synonyms for the future: blockchain and smart contracts. These technologies allow the transfer of values,goods and rights without the control of the central institutions and in a totally automatic way. The verification, monitoring andauthenticity of these transactions are guaranteed by the blockchain itself. The objective of this essay, although still waiting for aregulatory intervention at the Community level, is to describe the most relevant technical, legal and juridical aspects of thesetechnologies, trying to understand, on the one hand, whether and how they could raise complications both with European and Spanishlegislation and, on the other hand, the effects that smart contracts applied to blockchain technology will produce in the immediate future.