Blockchain Papers

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Jan 1, 2023·MEGARON / Yıldız Technical University Faculty of Architecture E-Journal
3 cites
Risk factors affecting blockchain-based smart contract use in architecture, engineering, and construction industry

Hande Aladağ

Management of traditional construction contracts that is frequently preferred in the architecture, engineering, and construction (AEC) industries are affected by many factors due to the complexity and large number of contract documents.With the introduction of Web 3.0 technology, blockchain is considered as a suitable solution for solving many problems arising from traditional contracts and can be considered as an alternative method to traditional contracts in the AEC industry.Using cryptocurrencies, switching to blockchain-based contracts, and using smart contracts will be advantageous for AEC industry in many ways.However, in addition to these advantages, the existence of risk factors cannot be denied.With this background, this study aims to identify risk factors affecting blockchain-based smart contract use in AEC industry through a comprehensive literature review and to prioritize the identified risk factors using Analytic Hierarchy Process, respectively.The prominent risks were found to include implementation risks, followed by legal risks and contractual risks.The contributions of the study to the academic literature are the identification of the risks that may occur during the integration of blockchain-based contracts into the AEC industry and the diagnosis of any problems that may occur during the integration process.Professionals in the field of construction management can also benefit greatly from the findings of this study by analyzing those risks throughout their projects.

Open access
Impact of AI and Big Data on Business and Society
Digital Transformation in Law
FinTech, Crowdfunding, Digital Finance
Original source
Jan 1, 2023·BULLETIN of L N Gumilyov Eurasian National University Law Series
1 cites
Legal regulation of smart contracts

Aksana Askarbekova, Anastasia Niyazova, Aizhan Abdrassulova

The article considers some aspects of legal regulation of smart contracts, which are becoming more and more relevant with the development of information technologies. The legislation and legal experience of foreign countries on conclusion and execution of "smart contracts" are studied in detail. As is known, currently there are several ways of integrating smart contract into transactions. The most relevant model of smart contract conclusion is the mixed model, the positive sides of using this form are analysed in the relevant provisions of the article. In its turn, the very legal nature of this type of contracts causes lively disputes in the civilistic environment, which is demonstrated by various opinions given in the article on the topic under consideration. There is no doubt that the widespread development of smart contracts in the near future can significantly help to reduce risks for the parties to the contract, exclude unscrupulous performers and suppliers from the market, as well as show a number of other advantages.

Open access
Digital Transformation in Law
Security, Politics, and Digital Transformation
Legal Studies and Reforms
Original source
Jan 1, 2023·Law &amp Digital Technologies
1 cites
NFT to protect Digital Art

Константин Бойко

Emergence of non-fungible tokens (NFTs) has led to considerable changes in the creative industries markets associated with the emergence of fundamentally new opportunities for the transfer and protection of intellectual property rights. The explosive growth of the NFT market has led to close attention of both regulators and market participants to the problems of legal regulation of the turnover of these digital assets. The lack of a legal definition gives rise to problems related to the delimitation of NFTs from other digital assets named in the legislation. This article examines the legal nature of NFTs, distinguishes them from securities, digital rights, digital financial assets, digital currencies and utilitarian digital rights. The author analyses the draft law on NFT and draws conclusions about the prospects for legal regulation with special emphasis on the legal problems of acquiring NFTs. Based on the study, the author concludes that it is possible to classify NFT as "other property" and that it is necessary to develop a special legal regime.

Open access
Security, Politics, and Digital Transformation
Digital Transformation in Law
Law, AI, and Intellectual Property
Original source
Jan 1, 2023·Computer law & security review
24 cites
From smart legal contracts to contracts on blockchain: An empirical investigation

Fabio Bassan, Maddalena Rabitti

The issue surrounding the nature and function of smart contracts in the context of legal relationships has garnered significant attention from the European and national legislators, regulatory bodies and legal scholarship. Sections I and II of this essay give an account of the results of the ongoing doctrinal debate, which is not univocal. The objective is to provide an assessment of both the advantages and limitations associated with smart legal contracts. In Section III, the authors introduce a novel negotiation process termed "contracts on chain". This process enables parties to engage in negotiations, formalize agreements and execute contracts directly on the blockchain . Consequently, this negotiation approach serves as a potential bridge between the realms of Web 2 and Web 3. Further, it offers a user experience akin to online contracts but benefits from the inherent capabilities of third-generation blockchains. Albeit on-chain contracts can be deployed on both private and public blockchains, the authors express a preference for their use on the public blockchain within a "logical platform". This choice allows to enhance regulatory compliance and mitigate the effects of decentralization on liability regimes, while simultaneously optimizing the efficiency gains of public blockchains. Notably, this approach ensures a level of protection commensurate with that offered by private blockchains. The ultimate goal of this innovative process is to streamline the ongoing technological transition and cultivate greater trust within the market for emerging technologies.

Open access
2 source records
Blockchain Technology Applications and Security
FinTech, Crowdfunding, Digital Finance
Digital Transformation in Law
Original source
Jan 1, 2023·Eurasian Journal of Management & Social Sciences
5 cites
Legal and Regulatory Aspects of Smart Contracts: A Systematic Review

Omar Farouk Al Mashhour, Ahmad Shamsul Abd Aziz, Nor Azlina Mohd Noor

As one of the fundamental technologies of blockchain, smart contracts have become one of popular and indispensable for certain businesses. Smart contracts have been introduced by Nick Szabo in 1997. However, the actual implementation was after the introduction of Blockchain, in particular, Ethereum. The enforceability of these contracts has always been dubious due to their unique characteristics and their considerable potential for abuse in criminal activities. The uncertainty stems mostly from these unique qualities and their connection to blockchain technology and cryptocurrencies. Consequently, determining the legal approach governing smart contracts is vital to ensuring the legal validity and the legal viability of such technology. This paper aims to provide a thorough overview and synthesis of prior literature on smart contracts and related regulatory implications (2016-2021). A thorough literature search of Scopus, Web of Science (WoS), Springer, and Emerald was done using two different combinations of key terms: “Smart Contracts AND Legality” and “Smart Legal Contracts AND Regulatory”. The final relevant articles were 22 articles found from 2016 to 2021. The narrowing of the literature search shows that smart contracts are a relatively new area that must be legally studied rather than merely focusing on the technical aspects. Ignoring the legal aspect would create uncertainly and inconsistency which might result in various legal dispute due to the nature of smart contracts. the novelty and lack of research represent one of the most major limitations of this research. However, it is crucial to highlight that the number of scientific journals published has increased significantly over the past five years, particularly in 2019 and 2020. This paper offers some guiding principles for academics, legal advisors, practitioners, and policymakers for their future research on smart contracts from a legal perspective.

Open access
FinTech, Crowdfunding, Digital Finance
Blockchain Technology Applications and Security
Digital Transformation in Law
Original source
Jan 1, 2023·ICSP «NEW SCIENCE» eBooks
0 cites
ZERO-KNOWLEDGE PROOF AND ARTIFICIAL INTELLIGENCE IN EDUCATION

Anton Dziatkovskii

The article is devoted to technologies of digitalization of educationzero-knowledge proof, blockchain and artificial intelligence.It analyzes the features of these technologies and lists possible uses in terms of the public good.

Open access
Digital Transformation in Law
Economic and Technological Systems Analysis
Engineering Education and Technology
Original source
Jan 1, 2023·Studia Administracyjne
1 cites
6 The definitional problem of distributed ledger technology (DLT) in view of the draft cryptoasset market regulation and amending European Union Directive 2019/1937

Marcin Gronowski

W tekście tym odniesiono się do problemu, jaki niesie ze sobą próba zdefiniowania na podstawie projektu rozporządzenia w sprawie rynków kryptoaktywów i zmieniające dyrektywę (UE) 2019/1937 (MiCA) pojęcia DLT. W pierwszej kolejności umiejscowiono niezbędność definiowania w zakresie prawa cyberprzestrzeni jako prawa publicznego. Dokonano omówienia samego pojęcia według definicji technologicznej, aby w sposób możliwie przejrzysty wskazać na trzy modele stosowane w formułowaniu legalnego pojęcia DLT. Przytoczono propozycje wyspecjalizowanych organizacji międzynarodowych. Przedstawione modele omówiono, korzystając z przykładów prawodawstwa Japonii, Malty i Stanów Zjednoczonych, aby ukazać niebezpieczeństwo, jakie może potencjalnie wiązać się z każdym z nich oraz rozwiązaniem zastosowanym w MiCA. Za cel postawiono znalezienie odpowiedzi na pytania o definicję technologiczną DLT, konieczność jej ujęcia w akcie prawnym, możliwe formy definicji zastosowane w wybranych prawodawstwach oraz o właściwość wybranego sposobu na gruncie prawodawstwa Unii Europejskiej. Zwrócono uwagę, że definicja zastosowana w MiCA nie zapewnia odpowiedniej stabilności i bezpieczeństwa w systemie UE, gdzie za najwłaściwsze, uwzględniając aksjologiczne podstawy projektu rozporządzenia, uznano zastosowanie modelu odpowiadającemu rozwiązaniom przyjętym na Malcie. Do analizy wykorzystano następujące metody: teoretycznoprawną, komparatystyczną oraz, w mniejszym stopniu, aksjologiczną i dogmatyczną.

Open access
Blockchain Technology Applications and Security
Digital Transformation in Law
Original source
Dec 31, 2022·World Journal of Advanced Research and Reviews
1 cites
Assessing the Legal and Regulatory Implications of Blockchain Technology on Smart Contracts, Digital Identity, and Cross-Border Transactions

Kehinde Ojadamola Takuro

Blockchain technology has rapidly evolved from a financial innovation underpinning cryptocurrencies into a foundational infrastructure for secure digital transactions, smart contracts, and decentralized identity management. Its distributed ledger architecture offers transparency, immutability, and efficiency, yet it simultaneously challenges traditional legal and regulatory frameworks governing contractual enforcement, data protection, and cross-border commerce. This paper provides a comprehensive assessment of the legal and regulatory implications of blockchain technology, focusing on its transformative impact on smart contracts, digital identity systems, and international financial transactions. From a global perspective, it examines how jurisdictions across the European Union, the United States, and Asia are addressing issues such as contractual validity, jurisdictional enforcement, and liability allocation in decentralized networks. The study explores how smart contracts self-executing agreements encoded on blockchain redefine contractual obligations and dispute resolution mechanisms while raising questions about consent, interpretation, and legal recognition under existing civil and commercial laws. Similarly, the emergence of blockchain-based digital identities introduces opportunities for enhanced data sovereignty and privacy protection but also exposes gaps in governance, authentication, and cross-border data portability. In the context of cross-border transactions, the paper analyzes how blockchain’s borderless nature disrupts conventional regulatory oversight and compliance regimes, including anti-money laundering (AML) and know-your-customer (KYC) frameworks. By comparing legislative developments and regulatory experiments worldwide, the research identifies best practices and systemic risks associated with blockchain adoption. Ultimately, the paper proposes a harmonized legal and policy approach that balances innovation with accountability, fostering trust and interoperability in the evolving digital economy.

Open access
Blockchain Technology Applications and Security
Digital Transformation in Law
Energy Law and Policy
Original source
Dec 30, 2022·Digital Law Journal
3 cites
Smart contract disputes and public policy in the ASEAN+6 region

G. R. De En Goh

Smart contracts provide some benefits, such as better facilitation for contracting parties to monitor performance of their obligation and reducing the cost spent monitoring the contract. However, it is critical to understand various limitations of this concept as well as many legal and public policy uncertainties around it. Given the non-existence of an “universal rule” that governs smart contracts, the issues vary from jurisdiction to jurisdiction. The article applies comparative legal method to analyse the legal regulation of smart contracts in ASEAN+6 countries as well as the leading jurisdictions in the sphere of implementing digital technologies in the economy. Due to public policy considerations, there are different scenarios of smart contract development. The possible outlook is that ASEAN+6 countries would not accept smart contract as contract, cryptocurrency as property, and/or enforcing foreign awards that relate to smart contract disputes and/or cryptocurrency. Another possible way out of the deadlock is to govern relations under smart contracts by the UNIDROIT Principles. However, if the parties do not opt for such a solution, the determination of the applicable law will be left to the relevant conflict-of-laws rules with all of the uncertainties. Therefore, the author suggests that supranational laws is the better path for avoiding uncertainties in smart-contractual relationships.

Open access
Blockchain Technology Applications and Security
European and International Contract Law
Digital Transformation in Law
Original source
Dec 25, 2022·Общество и инновации
3 cites
Analysis of the legal practice of Uzbekistan and EU countries in the field of legal regulation of blockchain and cryptocurrency

Mokhichehra Rakhmonova

This scientific article discusses the issues of legal status of such terms as blockchain, blockchain technologies, as well as crypto assets, stable coins and tokens. The article reveals the issues of legal regulation of relations arising in course of cryptocurrency transactions and the use of blockchain technologies, which also include the activity of crypto exchanges, the use of smart contracts and the processes of buying and selling tokens. The author provides examples of countries where crypto assets are legalized, and conducts a comparative analysis of the legislation of the Republic of Uzbekistan, the Federal Republic of Germany and the Czech Republic regarding the mechanisms for carrying out cryptocurrency transactions and the use of blockchain technologies. When studying the legislation of Uzbekistan, attention is paid to the latest ongoing reforms in the field of digitalization and the development of the electronic economy and government in our country. When analyzing the legislation of countries such as Germany and the Czech Republic, relevant situations and examples of court decisions are given in order to determine the effectiveness of law enforcement in the field of blockchain technologies and cryptocurrency and identify existing problems in this area. At the end of the article, the relevant conclusions of the author and proposals for improving the legislation of the Republic of Uzbekistan are given.

Open access
Security, Politics, and Digital Transformation
Digital Transformation in Law
Legal and Policy Issues
Original source
Dec 24, 2022·Zenodo (CERN European Organization for Nuclear Research)
0 cites
Making Legal Contract Smart Using Blockchain Technology

Shruti Gatkal, Pornima Borole, Anushka Kawale, Abhijit Mahajan

Blockchain is a peer-to-peer distributed ledger technology that makes the records of any digital asset transparent and immutable and works without involving a third party. Hence, it is independent of a third party and termed as ‘decentralized’. Blockchain is an emerging technology and is gaining a lot of popularity, as it is scalable and also has the ability to manage risks. Blockchain is transforming the way value is exchanged, it has expanded technical capabilities to achieve a higher level of innovation and developer products. Blockchain is the most recent technology that can be adopted for data security. This paper aims to make any legal contracts, such as agreements, and property registries, as well as other assets in India using blockchain for solving issues like avoiding third parties, brokerage services, trusty transactions, etc. It makes it safer as well as non-repudiable. We are proposing a Web3 system that is providing a platform for both parties to make legal contracts using smart contracts and deploy it on blockchain to make safer contracts by inheriting blockchain properties. A smart contract is a digital contract that automatically executes the terms of an agreement by itself. In layman’s terms, it is a computer code that holds the terms of a contract. It stores in decentralized, distributed public blockchain networks that contracting parties can access from anywhere and at any time. With these designs, this digital type of contract runs on blockchain nodes that cannot be changed. This makes the smart contract legal contracting decentralized, free of brokerage services as well paperless that is digital. This solution demands transparency, participation and cooperation society demands. Hence, would help to obstruct corruption and make government services more efficient.

Open access
Digital Transformation in Law
Law, AI, and Intellectual Property
European and International Contract Law
Original source
Dec 24, 2022·Pravo i privreda
5 cites
Metaverse, Non-Fungible Tokens, Trademarks – Legal Aspects

Jelena Ćeranić Perišić

The metaverse is a concept of cyberspace built on the existing infrastructure of the Internet using emerging technologies of blockchains, cryptocurrency and non-fungible tokens (NFT). In the metaverse, people and various forms of algorithms and artificial intelligence will interact in virtual reality, buy and sell “real world” and “in the metaverse” goods and services and get into legal disputes just like in real life. Trademark law has a decisive role in the development and protection of the brand in virtual reality. The paper first presents the notion of NFT. Then, the protection of trademark in metaverse is analyzed. Special attention is paid to the European Intellectual Property Office Guidelines from July 2022 on its approach to classifying virtual goods and NFTs. Finally, a case from US judicial practice is presented – Hermes Int’l v. Rothschild. This decision provides useful guidance on how courts will treat this issue in the future.

Open access
Blockchain Technology Applications and Security
Ethics and Social Impacts of AI
Digital Transformation in Law
Original source
Dec 21, 2022·Zenodo (CERN European Organization for Nuclear Research)
0 cites
La blockchain, tra prorietà e proprietà intellettuale. Analisi comparata di tre applicazioni nel diritto civile

Nicolò Canal

In 2021, the Collins English Dictionary named “NFT” as the word of the year, and within the first ten positions in its ranking are the terms “crypto” and “metaverse”. Thus, we can see how three words out of ten refer to concepts that are based on the same technology: the blockchain. This famous cryptographic tool, celebrated and criticized at the same time, is nowadays a worldwide phenomenon that goes well beyond the specific expertise of programmers and computer engineers and it intertwines with several other fields, such as the law. For this reason, I believe that any attempt to provide a legal analysis of the blockchain needs to be founded in a multidisciplinary approach in order to mirror the complexity of this object of inquire. Therefore, the current thesis aims at exploring the mutual influences between law and technology by adopting a specific methodology called, indeed, “Law and Technology”. In particular, this work presents two main goals, which are strictly linked: a) analyzing the interrelations between the blockchain technology and some of the main branches of the Italian private law: property (“proprietà”) and copyright (“diritto d’autore”); b) understanding how this technology is currently applied or can be potentially applied in order to achieve some of the objects proper to private law. It has to be noted that several words used in the current thesis belong to the ICT world and are, for this reason, in English. Wherever it is possible, an Italian translation is provided; but this kind of specific terminology often revealed to be hard or impossible to translate without confusing the correct meaning: consequently, I kept the original English terms. These technologies have been developed mainly in the US and in the UK and therefore they are conceived in common law systems. For this reason, the two abovementioned goals will be integrated with a comparative law approach, which will analyze the legal remedies for these technologies in the US and in England, chosen as major case studies. As it will be soon clear to the reader, this is exactly one of the most pressing issues of the topic analyzed: the legal protections of the intangibles applied in these two countries finds their justification in a legal tradition (common law) which is different from ours (civil law). The consequence is that, when “importing” this technology, possible misunderstandings can arise also in the legal field. Moving on to the thesis structure, the work has four chapters and a conclusion discussion at the end. The first chapter will describe the studied phenomenon focusing on its origins and functioning. Specifically, it will provide the definitions of the four primary technologies: blockchain, smart contract, digital token and NFT. In terms of methodology, such definitions will rely not only on the legal literature, but also on the ICT framework, in order to delineate an analysis as complete as possible. It will be immediately evident that, because of the on-going development of the topic, clearcut technical definitions are hard to establish, and this results in several statutory efforts that are not able to provide enough clarity to the subject. Moreover, the chapter will underline both the advantages (such as: disintermediation, protection, flexibility, etc.) and the disadvantages (block anonymity, oracles problem, the lack of environmental sustainability, etc.) related to these technologies, with a specific attention towards the possible legal implications. The second chapter will try to undercover the mutual interrelations between law and these technologies. To do so, firstly it will describe the development in the digital era of two categories which are primarily involved: property and copyright. On one hand, the chapter will explore the legal implications of the phenomenon of dematerialization on the concept of property and on the growing importance of access. On the other, it will summarize the primary “metamorphoses” of copyright in the digital era. In light of these considerations, the analysis will cover the legal framework concerning smart contract, crypto-asset and NFT within the Italian-European legal system, emphasising the complexity of a precise systematic placing. The third chapter is articulated into three case studies which aims at clarifying at a practical level the interrelations between law and blockchain within Italian legal system. In particular, the first paragraph will examine copyright: on one hand, advantages and disadvantages of the use of blockchain in the field of copyright will be discussed; on the other, the new artistic/financial phenomenon of cryptoart from a legal point of view. The second paragraph will discuss the possible implementation of the blockchain technology in the digital public ledgers in order to assess if this application can be suitable for the circulation of real estates. The third paragraph will illustrate the reasons for the application of this technology on the traceability of the supply chain, outlining the technical and legal advantages and disadvantages. In this section, a special focus on the food supply chain will be presented, as this sector includes several examples also in the Italian context. Within each case study, some examples of the contemporary use of the blockchain technology will be considered. At the end, brief concluding remarks will be discussed. The fourth chapter will try to provide a targeted summary of the phenomenon in the US and UK contexts of common law. The first paragraph has a brief introduction concerning the potentiality of comparative law to conceptualize the various aspects of a transnational phenomenon. Next, will be seen the main aspects and partitions of the law of property, emphasizing its "natural" propensity to protect intangibles things. At the end, the two approaches of the United States and England will be analysed, which are quite different despite belonging to the same legal family. In the former system we will see a predominant role of federal and state legislations, whereas in the latter an activist judiciary was inspired by non-binding acts of the executive in its case law. Il Collins English Dictionary nel 2021 ha eletto “NFT” [Non-Fungible Token] la parola dell’anno ed inoltre, fra le prime dieci posizioni, si possono leggere anche i termini “crypto” e “metaverse”2. Tre parole su dieci di questa classifica hanno dunque alla base lo stesso strumento informatico: la blockchain. Celebre, amata e odiata, questa tecnologia dell’era digitale è ormai un fenomeno internazionale che sconfina dal mondo dei programmatori e degli ingegneri informatici e si interseca con molte branche del sapere, tra cui il diritto. Per questo motivo, nell’analisi giuridica della blockchain è necessario adottare un approccio il più possibile multidisciplinare nel tentativo di delineare e precisare i contorni di questa complessa materia. L’elaborato si propone di ricercare le reciproche influenze tra diritto e questa tecnologia, attraverso il metodo definito, per l’appunto, “Law and Technology”. In particolare, questa tesi si prefigge due obiettivi strettamente collegati: a) analizzare le interazioni fra la blockchain ed alcuni istituti cardini del diritto civile, la proprietà ed il diritto d’autore; b) comprendere come questa tecnologia sia attualmente impiegata o possa essere utilizzata per perseguire alcune delle finalità proprie di detti due istituti civilistici. Sin dall’inizio della ricerca, sarà chiaro che molte parole presenti nel corso della trattazione appartengono all’area informatica ed esse, com’è noto, sono in lingua inglese. Ove possibile si è cercato di tradurre, ma in presenza di una terminologia tecnica che spesso risulta intraducibile oppure la cui traduzione rischia di sviarne il contenuto, si è conservato l’idioma originale. La maggior parte di questi strumenti informatici, infatti, provengono da oltreoceano e oltremanica e pertanto nascono in un sistema giuridico di common law, diverso da quello del nostro ordinamento. In tale direzione, sarà necessario anche adoperare gli strumenti propri del diritto comparato per perseguire gli obiettivi di questa tesi, esaminando, in particolare, quali siano le tutele apprestate per queste tecnologie dagli Stati Uniti e dall’Inghilterra, scelti come casi studio rilevanti. Come si vedrà, una delle più grandi problematiche risiede proprio in questo: le tutele dell’intangibile nel common law hanno alla base degli istituti giuridici in parte diversi rispetto al nostro ordinamento e per questo, “importando” la tecnologia, spesso si creano incomprensioni ed incertezze a livello giuridico. Quanto alla struttura dell’elaborato, il testo si articola in quattro capitoli e presenta al termine delle conclusioni finali. Nel primo capitolo vi sarà la descrizione del fenomeno tecnologico spiegandone l’origine ed il funzionamento. Nello specifico, saranno definiti i quattro principali strumenti oggetto della tesi: blockchain, smart contract (lett. “contratto intelligente”), digital token (“token digitale”) ed NFT. A livello metodologico si è cercato di tratteggiare queste tecnologie avvalendosi non solo della letteratura giuridica, ma anche, all’occorrenza, di quella informatica per dare un quadro il più possibile completo all’analisi. Sin da subito risulterà chiaro che, a causa dell’evoluzione della materia, difficilmente vi sono delle definizioni chiare a livello tecnico e questo spesso si riflette in tentativi legislativi che lasciano molti dubbi ermeneutici all’interprete. Inoltre, si cercherà di evidenziare i vantaggi (ad esempio: la disintermediazione, la sicurezza, la versatilità etc.) e gli svantaggi (l’anonimia del nodo, il problema degli oracoli, la scarsa sostenibilità ambientale etc.) che tali tecnologie comportano, con particolare attenzione a quelli che possono avere implicazioni giuridiche. Nel secondo capitolo, si cercheranno le reciproche influenze tra il diritto

Open access
Law, AI, and Intellectual Property
Digital Transformation in Law
Original source
Dec 16, 2022·Proceedings of the 2022 2nd International Conference on Modern Educational Technology and Social Sciences (ICMETSS 2022)
2 cites
The Applicability and Prospects of CISG on Smart Contracts

Yufei Zhang

The trend in the era of digital globalization has led to innovative attempts in the field of international trade, for example, in the form of smart contracts. Smart contracts aim to digitally automate the execution of legal contracts and improve the ease of trade. However, its formation conditions, validity and risk control, are yet to be regulated by law. The United Nations Convention on Contracts for the International Sale of Goods (CISG), as a uniform substantive law regulating the commercial relations of States in international commercial activities, is valuable in responding to the emerging legal issues arising from the products of technological developments. This study discusses the specific criteria for the formation of smart contracts under the CISG Convention from the perspective of international law and in relation to the specific legal elements. Following this, it analyses the loopholes and challenges of smart contracts in practice from the perspective of contractual freedom and disintermediation, and proposes some improvements in preserving the immutability of the contract and reducing the risk of third party platforms. Finally, the prospects for the application of smart contracts as an aid in international commercial contracts are discussed.

Open access
European and International Contract Law
FinTech, Crowdfunding, Digital Finance
Digital Transformation in Law
Original source
Dec 3, 2022·ГРААЛЬ НАУКИ
2 cites
TOWARDS THE APPROACH TO BUILDING SMART CONTRACTS BASED ON BUSINESS RULES USING NATURAL LANGUAGE PROCESSING

Dmytro Shynkarenko, Andrii Kopp

This paper considers the smart contracts development process based on business rules using natural language processing as the research object. The research subject includes software components for creating smart contracts based on business rules using natural language processing. The research aims to simplify the software component development for decentralized systems by using smart contracts generation from business rules written in natural language. This study considers smart contract development approaches and technologies, intelligent text processing methods, as well as software development techniques using the Python programming language for the experimental implementation of the proposed solution. This study outlines the relevance of this research, provides a state-of-the-art analysis, proposes the improved procedure of smart contracts’ development and deployment, and suggests an algorithm for smart contract generation based on business rules.

Open access
Blockchain Technology Applications and Security
Digital Transformation in Law
FinTech, Crowdfunding, Digital Finance
Original source
Dec 2, 2022·theses.fr (ABES)
0 cites
Smart contracts : a contract law study in the context of blockchain

Claire Leveneur

La blockchain est définie comme une technologie de registre distribué utilisant une base de données avec chaînage cryptographique, fonctionnant sans organe de contrôle. Des programmes informatiques auto-exécutants, appelés « smart contracts », peuvent être déployés sur des blockchains afin d’exécuter automatiquement des actions prédéfinies, répondant à des conditions déterminées. Ils s’apparentent ainsi à des mécanismes d’exécution de contrats. La recherche a pour objet de déterminer comment cet outil peut être appréhendé par le droit des contrats et être utilisé au service des contrats. De nombreuses questions se posent dans cette perspective. Les smart contracts peuvent-ils exécuter des contrats ? Sont-ils des contrats ? Sont-ils dotés d’intelligence ? Peut-on les modifier alors qu’ils sont déjà enregistrés sur une blockchain ? Comment prouver qu’une exécution s’est produite sur une blockchain ? Comment trouver l’identité des contractants s’ils sont sous pseudonyme ? Que faire en cas d’erreur de programmation ? L’étude se propose d’aborder l’ensemble des questions qui peuvent survenir lorsque l’on considère les smart contracts comme un outil contractuel. Un travail de qualification de l’instrument permettra de déterminer le régime juridique applicable pour chaque situation donnée.

Open access
Blockchain Technology Applications and Security
European and International Contract Law
Digital Transformation in Law
Original source
Dec 2, 2022·Blockchain Frontier Technology
8 cites
State of the Art Blockchain Enabled Smart Contract Applications in the University

Deden Rustiana, Dennis Ramadhan, Lucky Wibowo, Anang Wahyu Nugroho

A comprehensive analysis is necessary for the implementation and use of smart contracts in companies. This overview clarifies how this technology is now being used and identifies problems that are preventing its usage in contemporary organizations. This paper offers an organized assessment of prior research that includes frameworks, techniques, functional prototypes, and simulations that show how smart contracts are used in businesses. This paper's main goal is to better understand how smart-contract technology is used in organizations today. While there is limited knowledge about how smart contracts are used in companies, there is significant progress being made in the development of the technology that supports them. In this work, we describe the characteristics of smart-contract applications in many current organization fields. We further examine and group issues that hinder the adoption of smart-contract applications.

Open access
Blockchain Technology Applications and Security
FinTech, Crowdfunding, Digital Finance
Digital Transformation in Law
Original source
Nov 27, 2022·Analytical and Comparative Jurisprudence
3 cites
Prevention of criminal offenses related to the use of cryptocurrency

Н. А. Лугіна, I.V. Kybysh

The importance of legal protection and ensuring the prevention of criminal offenses related to the use of cryptocurrency was noted. The history of legal regulation of the use of cryptocurrency in Ukraine is briefly analyzed. An analysis of the Law of Ukraine "On Virtual Assets" was carried out and some of its shortcomings were identified. Cryptocurrency is proposed to be considered one of the types of virtual assets, namely digital currency (electronic funds), the emission and accounting of which is based on asymmetric encryption, the use of cryptographic protection methods. It is indicated that activities to prevent crimes related to the use of cryptocurrency should be extremely diverse, taking into account the fact that violations of the circulation of cryptocurrency will eventually penetrate into all major spheres of public life, and will require adequate measures. The concept and main types of general social principles for the prevention of offenses related to the use of cryptocurrency in Ukraine are defined. It is indicated that such preventive activity is a humane means of maintaining the country's security and law and order. These include verification of state regulation of the virtual assets market, control over the activities of participants in the virtual assets market, identification of criminogenic factors in legal entities where offenses related to the use of cryptocurrency are most often committed; development of rules for the use of cryptocurrency typical for all participants of the virtual assets market and others. The implementation of general social principles for the prevention of offenses related to the use of cryptocurrency in Ukraine, along with the protection of society from these offenses, protects offenders from committing more serious offenses, and thus saves them from severe criminal punishment. Special criminological measures to prevent crimes related to the use of cryptocurrency are analyzed. It is emphasized that such measures involve the creation of an optimal system for detecting the facts of these offenses and identifying persons who commit such actions. For this, it is necessary to reach a situation where the maximum possible number of sources of information regarding offenses related to the use of cryptocurrency will function. Individual approaches to the prevention of offenses related to the use of cryptocurrency involve the work of authorized bodies with individual individuals. Forms of individual prevention include studying the identity of potential offenders, interviewing individuals, surveillance and other measures. An important measure of individual prevention of offenses related to the use of cryptocurrency is the creation of a data bank on persons who have committed offenses in the specified or related areas.

Open access
Digital Transformation in Law
Security, Politics, and Digital Transformation
Law, AI, and Intellectual Property
Original source
Nov 22, 2022·University of Debrecen Electronic Archive (University of Debrecen)
0 cites
Bitcoin pénztárcák privát kulcsának védelme

Hilda Henrietta Farkas

Szakdolgozat témája egy olyan szoftver elkészítése, amely segít a felhasználóknak a jelszavakat memorizálni. Az emberek többségének rengeteg jelszót kellene megjegyeznie, mely kihívást jelent. Ha egy jelszó túl egyszerű, akkor nem nyújt elegendő biztonságot, ha túl bonyolult, akkor nehezen lehet megjegyezni. Az alkalmazásom lényege, hogy megkönnyítse a felhasználóknak a bejelentkezését a Bitcoin pénztárcájukba. A felhasználók jelszavak helyett egyedi mintázatot választhatnak ki, amely segítségével képesek lesznek felidézni a kulcsszavakat, képeket, amelyek újra generálják a privát kulcsot. A program egy hideg tárolási módszerhez tartozó implementáció. A kriptovaluta pénztárca nem csatlakozik az internethez, így a rosszindulatú támadok nem férhetnek hozzá. A projektmunka megvalósításához Python programozási nyelvre, a grafikus felhasználói felület megjelenítéséhez tkinter-re volt szükség.

Blockchain Technology Applications and Security
Digital Transformation in Law
Hungarian Social, Economic and Educational Studies
Original source
Nov 19, 2022·Actual Problems of Russian Law
9 cites
NFT as an Object of Legal Regulation

А. А. Ситник

The paper is devoted to the study of the legal nature of a non-fungible token — NFT. The paper discusses the concept and types of tokens. The author defines a token as a unit of accounting in a distributed ledger that digitally represents financial instruments or other assets that expresses the economic value of the objects being represented and allows the rights associated with them to be exercised. According to a common point of view, NFT serves as a means of digital expression of a particular object, it has characteristics (signs) inherent exclusively to it, by virtue of which it cannot be exchanged for another token, and the cost of one NFT is not conditioned by the cost of other tokens. The author notes that the listed features are not inherent in NFT in all cases. In addition, using the example of NFT, the author draws attention to the problem of artificial limitations of the mechanism of legal regulation of fundamentally new digital objects. It is determined that, with regard to NFT, today in the Russian Federation, both the legislator and the financial market regulator maintain the status quo: the state intervenes in public relations that develop during the turnover of non-fungible tokens only if transactions involving them violate the law. Meanwhile, it can be expected that eventually the problems of the issue and circulation of NFT in the financial market will receive their regulatory and legal resolution.

Open access
Security, Politics, and Digital Transformation
Digital Transformation in Law
Legal and Policy Issues
Original source
Nov 11, 2022·International Journal of Organizational and Collective Intelligence
5 cites
Hybrid Architecture Based on Blockchain Technology and Smart Contracts for Healthcare Applications

Mohammed Charaf Eddine Meftah, Cherif Ahmed Cherif, Belgacem Meraghni, Chafik Berdjouh

The goal of this paper is to design a hybrid architecture based on blockchain technology and smart contracts for healthcare applications. The problem that will be addressed is how to achieve a balance between the three standard concepts of the success of the health system, which are: “privacy,” “security,” and “efficiency and effectiveness of data usage.” The authors proposed a hybrid architecture for a more balanced approach by storing the light information in the blockchain (distributed and decentralized storage), except for large media files, which are in the central storage, which reduces the cost of storing large files and raises the protection of critical information. For demonstration, an application was developed based on the proposed architecture and using smart contracts with the help of an IPFS server as a document storage method, and using MetaMask application as an authentication tool.

Blockchain Technology Applications and Security
FinTech, Crowdfunding, Digital Finance
Digital Transformation in Law
Original source
Nov 9, 2022·European Property Law Journal
0 cites
Property Rights in Money (and Cryptocurrencies)

Jan Hoffmann

133 Abstract There is a common core of principles that governs all property rights, whether they relate to tangible or intangible goods. The classical principles of property law are applicable to the property law of intangibles. However, classical property law is also specifically designed to deal with physical objects, which raises the question of the extent to which the regulatory complexes of property law can or must be adapted when dealing with incorporeal goods. This is a challenge that can be observed in the discussion on property rights in data. This modern problem has received much attention, while a very similar and classical problem of property law has not been taken into much consideration in this context. The legal tension between a physical storage medium and the incorporeal good contained in it has dominated the property law discussion on money for decades. In fact, the question of whether classical property law is capable of dealing with the assignment of an incorporeal good is an old one, and much experience has been gained in the national property law systems with regard to money. The examination of this classical problem of property law also seems to be an appropriate starting point for the evaluation of newer legislation on property rights in cryptocurrencies. The new discussion on property rights in data and the old discussion on property rights in money have a strong point of contact when it comes to assigning absolute rights to cryptocurrencies.

Blockchain Technology Applications and Security
Digital Transformation in Law
Law, AI, and Intellectual Property
Original source