V. Tweehuysen
No abstract is available for this record.
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V. Tweehuysen
No abstract is available for this record.
Chengrong Chen
Although the smart contract as the new product in the era of block chain contract shall not be only limited to the property-related agreements stipulated by the Contract Law of People's Republic of China, the Chinese contract provisions shall be perfected accordingly due to its contract attribute. In order to promote the formation and validity of the smart contract, the full capacity requirements for civil conduct of the parties to the property-related contract as well as the formulation of "Withdrawal Provisions" and the connotation of social public interests shall attract legislators' attention. But in view of two major features of smart contract, on the one hand, the legislators shall consider distinguishing the remedies of continuous contract and instant contract; on the other hand, the legislators shall perfect the remedy system for the "Alteration" of smart contracts in the process of waiting for verification.
Mykyta Sokolov
No abstract is available for this record.
Elizaveta Gromova
The article is devoted to the study of legal nature of smart contracts. Smart contracts definitions are analyzed, the data in the project of the Federal law «About digital financial assets» № 419059-7 (passed by the Gosudarstvennaya Duma in the first reading 20.05.2018), and in the technical, legal and economic literature, and outlines the main approaches to defining the legal nature thereof. The author comes to the conclusion that nowadays smart contracts should be qualified as technical means of contract performance, and that the statutory rules applicable to electronic contracts cannot apply to smart contracts.
Ibrahim Shehata
No abstract is available for this record.
Ai Deng
No abstract is available for this record.
Iria Giuffrida, Fredric I. Lederer, Nicolas Vermeys
first met when we, along with Ed Imwinkelried and Fran Gilligan, were colleagues on the faculty of what today is The Judge Advocate General's School and Legal Center.We
Marco Dell’Erba
No abstract is available for this record.
Jakub J. Szczerbowski
Smart contracts are computer programs executed on virtual machines, which are used to regulate relationships between the subjects of law. They allow parties to foresee, with a high degree of certainty, how will the contractual relationship develop and by the use of blockchain technology they provide a high degree of certainty. It has been conjured that smart contracts will offer significantly lower transaction costs in relation to traditional contracts. The paper analyzes this proposition and finds that not only are the gains doubtful, but also that in some cases transaction costs may be significantly higher.
José Carlos Severino Cardoso
O Blockchain é uma tecnologia emergente recentemente generalizada para muitas áreas de atividade. O seu modo de operação descentralizado enquadra-se perfeitamente em vários cenários onde o principal desafio reside na melhoria da comunicação máquina-máquina e na possibilidade de realizar transferências seguras com serviços de valor acrescentado. As redes IoT são uma das áreas possíveis de aplicação da tecnologia Blockchain, uma vez que, para poder satisfazer os requisitos da indústria, a arquitetura atual das redes IoT tem limitações, que podem ser superadas através da melhoria das comunicações entre dispositivos e do acesso a formas evoluídas de agregação e consumo dos dados recolhidos. Este trabalho procura avaliar a combinação desses dois paradigmas - IoT e Blockchain -, procurando entender como o IoT pode beneficiar das funcionalidades que o Blockchain oferece: um sistema de armazenamento mais económico, descentralização e verdadeira redundância, confiança sem autoridade central - privacidade - e segurança reforçada. Por outro lado, o Blockchain como infraestrutura financeira para o IoT é também um aspeto fundamental desse trabalho. Na prova de conceito construída, este cenário é implementado, pois os dados de um sensor podem ser transacionados com uma entidade que os solicite. São igualmente realizadas análises estatísticas e de desempenho relativamente à arquitetura implementada, sendo também apontados alguns pontos de melhoria para alavancar o uso do sistema em situações reais.
Jelena Madir
No abstract is available for this record.
O.O. Baranov
The analysis of using so-called smart contracts, which have become widespread in recent years. The definition of the term “smart contract” is given, some classification is offered for them. A comparative analysis of traditional and smart contracts in the part of legal regulation of their application was conducted. The article formulates legal problems of the theoretical and practical direction, which are a significant barrier to the use of smart contracts in the context of widespread use of Internet of Things, some solutions have been suggested for them.
Jakub J. Szczerbowski
Smart contracts are technically defined as an event-driven programs, with state, that run on a distributed, decentralized, shared and replicated ledger (blockchain) and that can take custody over and transfer assets on the ledger. This new invention enables declarations of will to be expressed as self-executing computer code. The fact that smart contracts can transfer assets without the need for judicial system creates many questions about their place in the civil law. Also, it raises a question about their legality. This paper explores some basic concepts related to smart contracts and tries to set boundaries to their legality in the framework of civil law in scope of form and interpretation.
I. DORONIN
The article explores the problem of the legal regulations of cryptocurrencies, considering socio-economic factors and changes in the modern globalized world.
O. RADUTNYI
The article deals with the certain aspects of the criminal law measures appliedto legal entities, the phenomenon of electronic legal entities (Decentralized Autonomous Organization or Decentralized Autonomous Corporation), the possibility of applying criminal law measures to electronic legal entities.
Daniel Hellwig, Goran Karlic, Arnd Huchzermeier
This chapter looks beyond the novelty of self-executing ‘smart contracts’ in blockchain networks and explores developments against the background fact that commercial parties have, for centuries, used documentary credit to simulate autonomous performance. Blockchain-based smart contracts and documentary credit share three core functionalities which are essential to any effective autonomous performance, analogue or digital—they both (i) act through internalized media of exchange; (ii) operate as closed systems; and (iii) provide means of securing sufficient resources to guarantee contractual performance. Using these three functionalities as a framework, this chapter conducts a comparative analysis of mechanisms for effecting autonomous contractual performance in a commercial setting. From this comparison, a few hypotheses are drawn regarding the potential areas where smart contract technology is more likely to find fruitful application. In particular, the chapter considers potential limitations to applying smart contracts to scenarios beyond digital asset transfers, how dispute resolution mechanisms should be designed to complement (rather impair) the autonomous nature of contractual performance under smart contracts, and potential capital cost implications which might arise in some cases when parties seek to replace human intermediaries with smart contracts.
Aleksei Gudkov
One of the key problems of blockchain technology is lack of control of users, organized societies, and state authorities over the transactions and asset on the decentralized network. The distributed ledger and blockchain are interesting as an example of new technology, which is the rule not only for users but also for governments. Technology-driven rules can be viewed as a technological law for blockchain users and legislative authorities. No legal regulation can change the anonymity or immutability of blockchain. Only another technology could turn the situation around. This is a lesson for every lawyer to learn not only the law but the scope of technology. The purpose of the article is an analysis of modern determinants of control distribution over assets, transactions, and decentralized organizations on blockchain distributed network. The article shows how control appears in a variety of different situations on blockchain network. Examples range from the individual and organizational control to control over the networking system discussing the possibilities of the participants to exercise control. On the base of the legal cases, the ability of controlling shareholder, directors, managers, governments, stakeholders and users of crypto-communities to control the organization, transactions and assets are discussed.
Andrey Fedorovski, Rostislav Berlinskii, Vladislav Ashikhmin
The presentation is dedicated to problems and approaches in the legal regulation of the use of one of the cryptocurrencies -Bitcoin. Currently Bitcoin causes bigger interest among the world society, which is connected, in particular, with the highly increased exchange rate of this cryptocurrency. A number of countries have already formed a well-defined position and created a legal basis for development or for a complete or partial restriction of this cryptocurrency. But at the moment the most part of the world countries do not have a legal and regulatory framework of Bitcoin. In this presentation there is an analysis identifying pros and cons of this cryptocurrency and also the consequences of its further integration into the biggest world countries. Besides, our group has considered the experience of the number of countries in which the legal regulation of this cryptocurrency is established. The research offers a way for the further legal regulation of Bitcoin in Russia.
N. O. Doroshenko, Yu. A. Buriak
The article deals with contemporary tendencies of the banking policy of the world. For this purpose, the key issues have been worked out: analysis of the evolution of formation, specification of the essence and main characteristics of the blockchain technology, profiling of the mechanism of the work of the block chain technology, disclosure of the main purpose and the features of the use of smart contracts in the block chain environment, formulation of the advantages and disadvantages that arise in the process of working with smart contracts, analysis of perspective directions of application of smart contracts in the banking system. The study underlines that under current conditions of broad consumption, crypto-currency payments found general application. Such payments are relatively simple: there are wallets, you can transfer money from one wallet to another or several at once. The network is built on principles that allow you to do it without a single center, but the tasks are carried out in a traditional way. Thus, it is an ordinary payment system consisting of people, money and money transfer. Under the influence of the continuous development of technologies, a payment network that allows you to write programs that not only worked with wallets was created, but they themselves would take money out of wallets and decide who and how much to send. Important conditions for smart contracts are transparency, security and universality for all users.
Павел Дробышев
No abstract is available for this record.
Alexander Savelyev
No abstract is available for this record.
Karen Yeung
No abstract is available for this record.
Rupsha Bagchi
The Internet of Things is a proliferating industry, which is transforming many homes and businesses, making them smart. However, the rapid growth of these devices and the interactions between these devices, introduces many challenges including that of a secure management system for the identities and interactions of the devices. While the centralized model has worked well for many years, there is a risk of the servers becoming bottlenecks and a single point of failure, thereby making them vulnerable to Denial-of-Service attacks. As a backbone of these interactions, Blockchain is capable of creating a highly secure, independent and distributed platform. Blockchain is a peer to peer, distributed ledger system that stores all the transactions taking place within the network. The main purpose of the servers that form a part of the distributed system is to provide a consensus, using various consensus algorithms, on the state of the blockchain at any given time and to store a copy of all the transactions taking place. This thesis explores the Blockchain technology in general and investigates its potential with regard to access management of constrained devices. A proof of concept system has been designed and implemented that demonstrates a simplified access management system using Ethereum Blockchain. This was done to check whether the concept can be applied at a global level. Although the latency of the network depends on the computing power of the resources participating in the Blockchain, an evaluation of the proof of concept system has been made, keeping in mind the smallest device that can be involved in the consensus process. Docker containers have been used to simulate a cluster of the nodes participating in the Blockchain, in order to examine the implemented system. An outline of the various advantages and the limitations of Blockchains in general, as well as the developed proof of concept system, has also been provided.
Anastasia Olegovna Barinova, Sergey Zapechnikov
Currently, business processes become more and more complicated. Data used in these processes circulates mainly through the digital communications. Due to these conditions some kind of electronic contracts for business deals becomes necessary. Smart contracts should describe a set of conditions, implemented through some events in the real world and digital systems. The most important requirement for this technology is privacy ensuring. In this work we have explored existing projects of privacy-preserving smart contracts, defined comparison criteria, compared projects and made a conclusion about options required for smart contract frameworks.