Research on the Legal Issues of Smart Contract under the Portuguese Contract Law System

Abstract

Smart Contracts participate in contract performance by converting contractual terms into executable code, presenting new challenges to traditional contract law. Portugal’s current contract legislation lacks explicit provisions for Smart Contracts, with key legal issues including the determination of contract formation and validity, the coordination between automatic execution mechanisms and contractual remedies, and liability allocation for technical risks. Through analyzing Portugal’s contract law framework and the technical characteristics of Smart Contracts, as well as referencing international legislative and judicial experiences, this study proposes an applicable solution within Portugal's existing contract law system. By maintaining technical neutrality and contractual functionality, Smart Contracts can achieve harmonious application through holistic assessment of conduct, differentiated execution remedies, and tiered liability allocation.