Смарт-контракт (договір) в сімейних правовідносинах

Abstract

This article analyses the impact of smart contracts on family law, specifically examining how these digital contracts can simplify and improve the drafting, implementation and enforcement of family agreements. The analysis examines the advantages, examples of application, challenges and limitations of smart contracts in family law, explains their ability to enhance efficiency and transparency in relevant cases, and considers ethical aspects and potential risks. The article notes that most legal systems have not yet adapted to blockchain technology. The legal validity of smart contracts, particularly in the context of personal relationships, is the subject of lively debate in practice. Family law is complex and often requires human judgement, which smart contracts currently lack. Family law varies significantly across different jurisdictions, making it difficult to create a universally recognised marriage contract on the blockchain. Both parties to the marriage contract must understand the functionality of smart contracts, including potential risks such as coding errors. Despite the transparency, storing highly sensitive data on a public blockchain may raise privacy concerns for some couples. Ultimately, smart contracts have the potential to transform family law by offering families a more efficient and secure way to manage legal transactions in today’s world. The transparent nature of blockchain records poses risks to the confidentiality of spouses’ property and financial information. The immutable characteristics of smart contracts hinder their adaptability to changing circumstances, such as the birth of children or fluctuations in income, whilst judicial oversight of their enforcement is largely absent. From a pragmatic point of view, smart contracts can be effectively used in various aspects of regulating property relations within marriage. A marriage contract utilising a smart contract can clearly define the procedure for the distribution of digital assets – in particular cryptocurrencies, non-fungible tokens or tokenised real estate – in the event of divorce, ensuring the automatic execution of this distribution following the legally recognised event of divorce, thereby eliminating protracted legal disputes over these assets. Furthermore, a smart contract can be integrated with the couple’s joint digital wallet, ensuring the automatic deduction of a set share from each partner’s income and the subsequent automatic payment of joint obligations – such as rent, utility bills, etc. – thereby minimising the risk of conflicts regarding the management of joint finances. Smart contracts currently function most effectively in the field of decentralised finance and digital assets, serving as a complement to traditional legal instruments rather than a complete replacement for them.