Blockchain Papers

Raj jaiswal

Journal article: Smart Contracts and the Law: Enforceability and Regulatory Challenges of Smart Contracts

Fredsly Hendra Sardol Girsang, Candra Robasa Sijabat, Siti Mutiah Rahmadanti

The swift advancement of blockchain technology has introduced a transformative innovation known as smart contracts, which are self-enforcing, unchangeable computer programs for agreements. While these contracts offer benefits like efficiency and openness, their inherent qualities present major hurdles for protecting consumers, especially from the risk of inequitable terms being included. This study aims to deeply investigate the strengths and weaknesses of current Indonesian law in offering legal safeguards to consumers who use smart contracts for their transactions. Utilizing a normative juridical methodology with a statutory and conceptual framework, the research reveals several key findings. First, the essential features of smart contracts, most notably their unchangeable and self-enforcing nature, are in direct opposition to the adaptable and justice-focused principles of Indonesian contract law, like the doctrine of good faith. Second, although a foundational level of protection is offered by the Indonesian Civil Code (KUHPerdata), the Consumer Protection Law (UUPK), and the Law on Information and Electronic Transactions (UU ITE), substantial legal vacuums and difficult enforcement problems persist. Third, the research pinpoints specific ways unfair clauses appear as functions within the code and confirms that applying a purposeful interpretation of current legislation can help lessen their negative effects. In conclusion, this paper asserts the pressing requirement for creating specific legal rules and bolstering institutional supervision, especially by the Financial Services Authority (OJK), to ensure that consumer rights remain protected amidst the evolution of contractual technology.

Jersain Zadamig Llamas Covarrubias

This article proposes a hybrid framework that integrates technological and legal solutions to automate compliance and dispute resolution in international personal data transfers. The approach leverages smart contracts built on blockchain technology, incorporating standardized contractual clauses (SCC/MCC) and non-fungible tokens (NFTs) to trigger complaint procedures. By involving supervisory authorities as escrow agents, the system ensures transparency, efficiency, and regulatory compliance, thereby overcoming the limitations of traditional methods. Through comparative analysis and a case study, the article demonstrates the viability of a scalable and interoperable solution that enhances data subjects’ rights while aligning with the GDPR and other international regulatory frameworks.

Sapar Boranbay, G.А. Ilyassova

This paper presents an analysis of the legal regulation of smart contracts in Switzerland and the United King-dom — two leading countries in the field of digital technologies. The study examines the key approaches to the formation and execution of smart contracts, their place within the law and legislation, as well as their in-fluence on the development of IT technologies. The central issue in regulating smart contract-related relations lies in the ambiguity of their legal nature and the lack of regulatory provisions in legislation, particularly in the Civil Code of the Republic of Kazakhstan. Special attention is given to legislative initiatives in both coun-tries. The research shows that Switzerland has successfully integrated blockchain technologies into its legal system through the adoption of specialized legal frameworks. In contrast, the United Kingdom emphasizes the adaptation of common law to the challenges of the emerging digital economy. The article compares the two countries’ approaches in the definition and application of smart contracts, their legal status, taxation is-sues and data protection. In Switzerland, this is the Law on Distributed Registries (DLT Act), and in the UK, the recommendations of the Law Commission of England and Wales. The paper also focuses on security is-sues (cyber threats and data protection), potential risks and the cross-border use of smart contracts. A com-parative analysis of both jurisdictions’ approaches is presented, along with their potential for further devel-opment, including participation in global standardization initiatives. In conclusion, the authors underscore the necessity of establishing international legal standards for the effective and secure use of smart contracts.

Vytautas Vičius

This article evaluates the regulatory legal landscape of smart contracts within the EU and examines a few essential legal challenges related to the need to harmonize smart contract regulations across the EU. It starts with analysis of some legal and technical aspects of the smart contract term form and arrives at the conclusion that there is no universal and unified term that contains technical aspects of the smart contract. This creates legal uncertainty, as the currently existing legal frameworks in many EU member states are not equipped to address these characteristics of smart contracts.Another issue of importance is the varied approaches to smart contract regulation across the EU member states. The paper reveals that, currently, there is a spectrum of regulatory strategies from pioneering to conservative, and identifies the main obstacles to regulatory harmonization within the EU. Without a common legal framework, a smart contract deemed valid and enforceable in one state may not be recognized in another member state.Finally, the current EU legislation is not specifically designed for smart contracts. However, it impacts their regulation by addressing critical aspects of digital operations like data ownership, access and control. Thus, successful integration of smart contracts into the EU’s regulatory environment will require a concerted effort to address these complex challenges.

Pilar Perales Viscasillas

The 1980 Vienna Convention on Contracts for the International Sale of Goods (CISG) is currently the law of ninety-seven countries around the world. Part II (Formation of the Contracts) deals with the conclusion of the contract by way of the meeting of minds through offer and acceptance. CISG has been able to adapt to modern electronic means of communication such as email, despite the fact that the means of communication mentioned in the CISG are the ancient telegram and telex.When dealing with the electronic contract of sale, we are referring to those in which the offer and acceptance are made by electronic means, as derived from the rules of the offer and the acceptance under the CISG.In short, we are thinking about computers—today also mobile phones—connected to a network (internet). From this perspective, every purchase and sale contract under the CISG is capable of being concluded by electronic means following the classic and universal parameter (we find it in all legal systems in the world) of consent through the two declarations of will that give life to the contract, the offer and the acceptance. The offer and acceptance as a mechanism well present in the life of the contract and not only in its formation since other issues such as its modification or termination are observed under those parameters.The Vienna Convention has demonstrated its flexibility by adapting and applying without problems to electronic contracting. Technologies are evolving rapidly and we no longer question the validity of contracts concluded through electronic means but new and interesting perspectives emerge, as well as various legal problems that can be associated with the era of the digital economy, from the use of platforms as an intermediary in the contracting of goods or services—or simply as a meeting place or recreational or social exchange—when not as part of the commercial contracts themselves, the use of computer programs in the formation and performance of the contract, legal transactions on data, or the use of artificial intelligence in contracting.From a legal perspective, the question is whether the CISG, which is a traditional instrument of contract law, is sufficient to respond to the problems posed by the digital economy, specifically in the rise of the so-called SmartCcontracts, and the use of Artificial Intelligence (AI) in the formation of the contract.

Authors unavailable

The study investigates how smart contracts work with artificial intelligence to modernize business process automation systems and describes their complex operational structures for creating independent automation systems.The paper explores architectural components that allow AI models to merge properly with smart contracts while focusing on how machine learning functions enhance smart contracts for complex decisions, predictive abilities, and environment-responsive features.The study investigates technical applications of decorated smart contracts across stock and healthcare industries together with financial services and decentralized autonomous systems.Artificial intelligence-integrated smart contracts lead businesses toward a new future by automatically handling business operations while providing users with stronger capabilities for enhanced operations efficiency improvements and better decision outcomes.The blockchain deployment of self-executing electronic agreements written in code as smart contracts transform business operations by holding automated processes and maintaining clear operations and secure computing environments.The main drawback of traditional smart contracts exists in their restricted ability to handle intricate operations along with their inability to adjust to new situations.These limitations in traditional smart contracts become obsolete when AI technology integrates with smart contracts because the result is an analytical system able to forecast and gain wisdom through experience.AI continues to automate business decision-making functions across multiple industries because it enhances both human and workplace operations.

Bolong Yin

In the context of the boom in blockchain technology since 2008, the range of applications for smart contracts, which were first introduced in 1995, has been expanding. Their development, however, has been hampered by legal issues. The legal research on smart contracts is of great significance. Theoretically, it challenges and enriches the traditional contract theory and legal system. From a practical point of view, it helps regulate its application and protect the rights of parties in various fields such as finance and supply chain. This article delves into the legal nature of smart contracts, analyzing their relevance to traditional contract elements such as offers and acceptance. It also discusses the protection difficulties such as the difficulty of contract modification, the difficulty of contract rescission and the difficulty of contract validity. Suggested solutions include incorporating it into the existing legal system and using soft law for regulation. In summary, although smart contracts face challenges, with the development of technology and the improvement of laws, their intelligent development prospects are broad, and will drive social innovation.

T. A. Chistov

This paper provides a brief history and status of securities legislation in Switzerland. The focus is on the «taken into account effects», which are classified by Swiss law and doctrine as sui generis objects, since by their legal nature they do not relate to things or to claims. The author also evaluates changes in legislation related to the regulation of the use of distributed ledger technology in the area of assignment and circulation of rights. Swiss private law provides issuers with a wide range of alternative forms of issuing securities, which over time creates problems with the formulation of concepts that reflect the essence of new objects. The author draws parallels with Russian dematerialized securities and concludes that Swiss approaches to the dematerialization of securities are not a panacea and cannot provide answers to pressing questions in the domestic doctrine, including what subjective right arises for paperless securities.

Hendri Khuan, Yenni Novita Wulandari, Chak Sothy

Background: The rise of blockchain technology has led to the development of smart contracts, which are self-executing contracts with the terms of the agreement directly written into code. While they promise enhanced efficiency, security, and automation, the legal implications of smart contracts on conventional contract law remain largely underexplored. The advent of these digital contracts challenges traditional legal frameworks and calls for a reassessment of existing contract law principles. Objective: This study aims to analyze the implications of smart contracts for conventional contract law, focusing on the legal, ethical, and practical challenges they present. The research seeks to evaluate how smart contracts align with or diverge from traditional contract principles such as offer, acceptance, and enforceability. Method: A qualitative research approach was employed, utilizing a comprehensive literature review and case law analysis to explore the intersection of smart contracts and conventional contract law. Interviews with legal experts and blockchain developers were also conducted to gather insights on real-world applications. Results: The findings reveal that while smart contracts offer substantial benefits in terms of automation and security, they also raise issues related to ambiguity, legal recognition, and the need for updated regulations. The study identifies a gap in existing legal frameworks regarding the enforceability of smart contracts. Conclusion: Smart contracts have significant potential to revolutionize contract law, but their integration into conventional legal systems requires substantial legal reform and adaptation. Further research is needed to establish clear regulatory standards.

Paul Atagamen Aidonojie, Adesoji Kolawole Adebayo, Obieshi Eregbuonye, Kelechi Jude Onwubiko · 5 authors

The emergence of the Metaverse as a decentralized digital ecosystem has transformed traditional contract enforcement by introducing smart contracts, self-executing agreements embedded in blockchain systems. This study conducts a comparative legal analysis of the regulatory frameworks governing smart contracts within Metaverse operations in Nigeria and Uganda. Employing a doctrinal legal method, the research critically examines primary legal sources such as statutory laws and case law, alongside scholarly literature, to assess legal recognition, enforceability, and institutional preparedness. The study reveals a significant regulatory gap in Nigeria, where the absence of a comprehensive legal framework creates uncertainty in the enforceability of smart contracts, despite growing blockchain policy initiatives. In contrast, Uganda has established more definitive legal provisions, particularly through its Electronic Transactions and Signature Acts, which explicitly validate digital contracts. The novelty of this study lies in its regional comparative focus on emerging economies and its analysis of how traditional contract principles interact with decentralized digital platforms. The urgency of this inquiry is underscored by the rapid digitalization of commerce, which necessitates timely legal adaptation to prevent regulatory obsolescence and safeguard stakeholders. This research contributes to the discourse on digital governance by proposing a legal reform agenda for Nigeria, advocating for the adoption of a smart contract-enabling framework modeled after Uganda’s approach. Ultimately, it calls for regional and international harmonization to ensure legal certainty, consumer protection, and dispute resolution within Metaverse-driven economies.

Ilham Qasse, Mohammad Hamdaqa, Björn Þór Jónsson

Tracking the evolution of smart contracts is challenging due to their immutable nature and complex upgrade mechanisms. We introduce EvoChain, a comprehensive framework and dataset designed to track and visualize smart contract evolution. Building upon data from our previous empirical study, EvoChain models contract relationships using a Neo4j graph database and provides an interactive web interface for exploration. The framework consists of a data layer, an API layer, and a user interface layer. EvoChain allows stakeholders to analyze contract histories, upgrade paths, and associated vulnerabilities by leveraging these components. Our dataset encompasses approximately 1.3 million upgradeable proxies and nearly 15,000 historical versions, enhancing transparency and trust in blockchain ecosystems by providing an accessible platform for understanding smart contract evolution.

Victor Valença Carneiro de Albuquerque

Os chamados smart contracts ou “contratos inteligentes” são uma inovação tecnológica difundida a partir do lançamento da plataforma Bitcoin em 2009 e, principalmente, da plataforma Ethereum em 2014. Em princípio, eles têm como propósito automatizar a execução das obrigações das partes em um negócio jurídico, de modo a diminuir o risco de seu inadimplemento e evitar a dependência de um terceiro de confiança (seja ele um árbitro, um juiz ou mero registrador dos dados referentes à transação celebrada). O potencial uso de smart contracts em vários setores econômicos desperta questionamentos sobre a adequação das normas do direito contratual tradicional para sua regulação. No presente trabalho, busca-se analisar dois pontos específicos sobre o tema, a saber: o momento de formação do negócio jurídico segundo a disciplina trazida pelo Código Civil brasileiro e as consequências de um contrato inteligente com objeto ilegal. O trabalho revisa amostra da literatura dedicada ao tema, tanto nacional quanto estrangeira, esta última sobretudo quando provinda de autores dos Estados Unidos da América e de Estados membros da União Europeia. O texto também questiona a adequação dos novos negócios ao marco normativo brasileiro sobre negócios.

Vijay Shelake

The integration of blockchain and artificial intelligence (AI) in legal contract execution has revolutionized traditional contract enforcement mechanisms. Smart contracts, self-executing contracts with terms encoded into blockchain networks, have emerged as a transformative tool in business transactions, reducing the reliance on intermediaries and enhancing contract security. AI further enhances these contracts by providing predictive analytics, natural language processing (NLP) for contract interpretation, and automated dispute resolution mechanisms. However, despite their potential, the legal recognition and enforcement of smart contracts pose significant challenges. Jurisdictional issues, regulatory compliance, contract validity, and the limitations of blockchain immutability necessitate an in-depth analysis of the legal landscape governing smart contracts. This paper provides a comprehensive review of the legal and regulatory frameworks surrounding AI-driven smart contracts, identifying their advantages, limitations, and future prospects. The study examines case laws, real-time implementations, and the role of AI in streamlining dispute resolution. The findings reveal that while blockchain enhances contract security and AI assists in interpretation, the lack of uniform legal frameworks remains a major hurdle. Through comparative analysis of existing regulatory approaches and real-world applications, this paper outlines potential solutions for effective enforcement and dispute resolution in AI-enhanced smart contracts.

Joydeep Chowdhury

It is quite challenging to properly address the issues of digital assets and online identities by conventional estate rules in the era of digital technologies. Rising social media platforms, cryptocurrencies, non-fungible tokens (NFTs), and other virtual assets have made digital legacy complex. Current research highlights the constraints of existing estate laws for the administration of digital assets after death and the legal obstacles resulting from digital platform contractual limitations. The key challenges identified are assets classification, protection of privacy rights, and enforcement of policies on a wider scale. By comparing the global legal approaches and evolving trends in digital inheritance, a comprehensive framework including digital assets into estate planning has been proposed. A balanced legal framework ensuring fair distribution, protecting heirs' rights and building trust in the digital economy is the solution.

Sudarto Sudarto

This study examines the validity and application of smart contracts within the Indonesian civil law framework. Smart contracts are block chain-based agreements that are implemented autonomously, eliminating the necessity for intermediaries. Although it provides efficiency and openness, its integration into the Indonesian legal system continues to encounter obstacles, particularly concerning regulations and dispute resolution methods. The legitimacy of an agreement in civil law is governed by Article 1320 of the Civil Code, which stipulates the necessity of mutual consent, legal ability, definite objects, and justifiable grounds. Nonetheless, there exists no regulation that explicitly governs smart contracts, necessitating additional examination of their legal standing.This study employs a normative legal methodology utilizing both conceptual and legislative approaches. The utilized data sources comprise primary legal materials, including the Civil Code and the Indonesian ITE Law, alongside secondary legal materials from books, scholarly publications, and prior study. The investigation aimed to ascertain the validity and legal binding nature of smart contracts inside the Indonesian civil system.The study's findings indicate that while smart contracts theoretically satisfy the components of an agreement as outlined in the Civil Code, issues persist regarding regulation and dispute resolution. Consequently, it is essential to formulate specific legislation or amendments to the ITE Law and Civil Code to facilitate smart contracts. Furthermore, the function of notaries and legal entities in authenticating smart contracts need elucidation to prevent legal ambiguity. In conflict resolution, hybrid methods like block chain-based arbitration may serve as an alternate solution. Consequently, the adoption of smart contracts in Indonesia need enhanced legal certainty to facilitate widespread utilization and ensure protection for the involved parties.

Grace Emmanuel Kaka, Muhammad Helmi Md Said, Tinuk Dwi Cahyani, Alaa Basil Baqer AlFadhel · 5 authors

Smart contract as a new form of contract is recognized to provide speedy and efficient transactions. Eliminating textual ambiguities, cumbersome contractual terms, enables negotiations, verify terms and automatically enforce tempered-free contractual terms without the need for intermediaries. In traditional contract, contractual terms are written in formal language which are quite cumbersome, the process of concluding transactions is slow and requires the intervention of lawyers, banks, registry departments and the courts. Many jurisdictions including Nigeria are still carrying out contractual transactions relying solely on traditional contract despite advancement in technologies including Blockchain technology, Ethereum and use of cryptocurrencies like Bitcoin and others as medium of exchange in online transactions. Using a qualitative doctrinal legal research method, this research gathered online sources and examined the legality of smart contract and Blockchain technology. While highlighting the importance of using smart contract in business transaction in Nigeria. The research adds to ongoing discuss on smart contracts and Blockchain technology. Suggesting the need for a shift from purely traditional contracts in Nigeria, to adoption of smart contracts to ease both domestic and trans-jurisdictional transactions mostly concluded online. However, there is a need for a robust framework for smart contract in Nigeria just like the E-SIGN Act and the UETA in the United States and other similar legislations that have been developed in other countries across the world.

Ikhtiyor Djuraev, Azim Baratov, Shokhjakhon Khujayev, Iroda Yakubova · 7 authors

This study investigates the transformative impact of digitization on legal systems in developing countries, emphasizing the integration of emerging technologies such as blockchain and smart contracts. By exploring case studies from India, Kenya, Brazil, Rwanda, South Africa, the Philippines, and Ghana, the research highlights how digital adoption enhances legal infrastructure, expands access to justice, and drives regulatory evolution. A mixed-method approach, combining qualitative interviews and quantitative analysis of legal reforms, reveals that digitization significantly reduces case backlogs, improves transparency, and accelerates judicial processes. However, persistent challenges, including inadequate digital infrastructure, disparities in digital literacy, and cybersecurity vulnerabilities, underscore the need for coordinated interventions. The study identifies blockchain as a critical tool for ensuring the integrity and security of legal records, providing tamper-proof documentation, and fostering trust in legal processes. Similarly, smart contracts streamline legal transactions by automating and enforcing agreements, reducing costs, and enhancing efficiency. These technologies are essential for modernizing judicial frameworks and addressing governance gaps, particularly in regions grappling with corruption and bureaucratic inefficiencies. Ultimately, the findings underscore the importance of phased implementation strategies, investments in digital literacy, and inclusive policy frameworks to maximize the benefits of legal digitization. By integrating blockchain and smart contracts, developing countries can build resilient, transparent, and accessible legal systems that respond to the dynamic needs of their societies.

Sneha Srivastava

The advent of smart contracts has reshaped the dynamics of corporate agreements with the aid of introducing automated, self-executing legal arrangements powered by using blockchain technology. These digital contracts offer great advantages, together with reduced transaction charges, greater transparency, and minimized reliance on intermediaries. However, their integration into corporate agreements provides a range of legal and regulatory challenges that stay unresolved. This paper examines the legal complexities springing up from the usage of smart contracts in corporate environments. It explores their enforceability under existing legal frameworks, highlighting troubles associated with agreement formation, consent, and the interpretation of coded terms. Jurisdictional uncertainty and cross-border enforceability further complicate the legal standing of smart contracts in multinational agreements. The study additionally addresses dispute resolution mechanisms within the context of immutable blockchain statistics, considering whether or not conventional legal remedies are compatible with smart contract structure. It discusses how emerging legal requirements and regulatory responses are shaping the adoption of smart contracts while making sure compliance with contract law principles. Moreover, the paper evaluates real-global programs of smart contracts in company transactions, together with supply chain management, monetary offerings, and decentralized autonomous groups (DAOs). It gives tips for organizations seeking to leverage this technology while mitigating legal dangers through hybrid contract models, legal safeguards, and hazard control frameworks. By means of bridging the gap among technological innovation and legal practice, this research underscores the need for adaptive legal frameworks that balance the performance of automation with the principles of justice, fairness, and duty. Understanding the legal frontiers of smart contracts is important for businesses aiming to harness their capability while navigating the evolving legal panorama of the digital financial system.

Jan Corazza, Ivan Gavran, Gabriela Moreira, Daniel Neider

When blockchain systems are said to be trustless, what this really means is that all the trust is put into software. Thus, there are strong incentives to ensure blockchain software is correct -- vulnerabilities here cost millions and break businesses. One of the most powerful ways of establishing software correctness is by using formal methods. Approaches based on formal methods, however, induce a significant overhead in terms of time and expertise required to successfully employ them. Our work addresses this critical disadvantage by automating the creation of a formal model -- a mathematical abstraction of the software system -- which is often a core task when employing formal methods. We perform model synthesis in three phases: we first transpile the code into model stubs; then we "fill in the blanks" using a large language model (LLM); finally, we iteratively repair the generated model, on both syntactical and semantical level. In this way, we significantly reduce the amount of time necessary to create formal models and increase accessibility of valuable software verification methods that rely on them. The practical context of our work was reducing the time-to-value of using formal models for correctness audits of smart contracts.

Emanuele Scattarreggia

The integration of artificial intelligence (AI) into smart contracts holds the potential to both enhance and exacerbate consumer protection challenges. Since the AI system embedded within the contract’s code enables a high degree of contractual personalisation – by tailoring the legal agreement to the unique characteristics of the targeted individual consumer, thanks to its capacity to process large amounts of personal and behavioural data in real time – it opens the door not only to scenarios of AI-powered consumer manipulation, but also to the promising opportunity of a consumer-centric AI. Such an AI would serve the consumer’s best interests by adapting the contract to their specific needs and preferences, while protecting them from – rather than exploiting – their information, cognitive, and digital vulnerabilities. This research aims to assess whether the EU legal framework – particularly the UCPD, UCTD, AI Act, GDPR, and DSA – adequately ensures that these technologies are designed and deployed with the consumer’s well-being at their core. The paper explores AI-related risks such as digital manipulation, personal data exploitation, and the black-box problem inherent in algorithmic opacity, while also addressing the liability challenge in cases of consumer harm. Ultimately, it seeks to answer whether AI-driven smart contracts can truly foster a high level of consumer protection in the AI era, by offering novel interpretations of the existing legal framework and advancing proposals for reform aligned with the fairness-by-design approach and informed by behavioural science insights.

Тетяна Павлова, Роман Павлов

The paper explores the transformation of legal concepts in the era of smart contracts, with a focus on rethinking responsibility and justice within a hybrid legal ontology. The purpose of the article is to develop the conceptual foundations of a hybrid legal ontology to analyze the transformation of responsibility and justice in the context of smart contracts, aiming to comprehend qualitatively new forms of legal reality that emerge at the intersection of human and algorithmic principles. The study adopts an interdisciplinary approach, integrating philosophical-legal analysis with elements of systems theory, critical algorithm theory, and post-phenomenological research on technology. The methodological framework is based on concepts of legal pluralism, agency theory, and approaches from analytical philosophy of law to the challenges of responsibility. It is argued that smart contracts establish a hybrid legal ontology in which traditional categories of individual responsibility are replaced by distributed forms of agency. The study identifies a fundamental contradiction between the algorithmic logic of procedural justice and human needs for substantive justice. It is established that restorative justice is incompatible with the deterministic execution of smart contracts. The conceptualization of legal pluralism in blockchain ecosystems is further advanced through the coexistence of diverse normative orders. The research findings contribute to the philosophical-legal theory of the digital age by conceptualizing hybrid ontology as a new form of legal existence, thereby enriching the understanding of agency, responsibility, and justice in the context of human- machine interaction. The results provide a theoretical basis for developing new regulatory mechanisms that account for the distributed nature of responsibility in blockchain systems, establishing ethical principles for designing fair algorithmic systems, and creating hybrid justice institutions. A conceptual vision of hybrid legal ontology is proposed as a theoretical framework for analyzing qualitatively new legal phenomena. The concept of distributed agency is substantiated to describe collective responsibility in decentralized systems. An approach to understanding algorithmic justice through the limitations of formal systems is suggested. The study highlights the need for developing specific mechanisms to operationalize hybrid legal ontology in regulatory practice, creating new institutional forms to implement distributed responsibility, and exploring possibilities for integrating restorative justice into algorithmic systems.

Junlin Yi, Zheheng Miao

Smart contract technology has revolutionized sectors like finance and supply chain management through its automated execution and decentralized nature in China.However, its rapid adoption necessitates robust regulatory frameworks to curb risks such as illegal activities and security vulnerabilities.A comparative analysis of international regulatory approaches reveals divergent policy priorities: the EU emphasizes personal data protection, the US fosters innovation in digital assets, Japan prioritizes transactional safety, South Korea safeguards investor rights, and the UK leverages regulatory sandboxes to balance innovation with control.This paper proposes a hybrid framework of community self-governance and indirect regulation to better mitigate risks while fostering the sustainable development of smart contract applications in China.A hierarchical evaluation system is also introduced, encompassing ex-ante review, interim monitoring, and ex-post audit, supported by quantifiable metrics to enhance regulatory efficacy.

Alberto Jaci

Il presente contributo si propone di indagare, alla luce delle categorie del diritto civile, la praticabilità dell’esecuzione automatica di obbligazioni a contenuto ambientale mediante smart contracts. Muovendo da una ricostruzione sistematica del contratto ecologico quale figura atipica, ma pienamente riconducibile all’autonomia privata, l’analisi si concentra sulla verifica della compatibilità tra le caratteristiche strutturali di tali accordi e la rigidità esecutiva propria degli strumenti algoritmici autoeseguibili. Si sostiene, in prospettiva critica, l’inidoneità degli smart contracts a operare in contesti nei quali le prestazioni si fondano su standard dinamici, valutazioni discrezionali e clausole evolutive, elementi strutturalmente refrattari alla logica deterministica del codice. L’automazione cieca compromette, in tali casi, la funzione regolativa del contratto, elidendo i meccanismi di adattamento, responsabilità e controllo propri del diritto privato. In conclusione, si riafferma la centralità del contratto civile quale presidio di razionalità giuridica e strumento insostituibile per il governo della complessità nelle relazioni obbligatorie a finalità ecologica.