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Sep 9, 2025·Экономика и предпринимательство
0 cites
ЭКОНОМИЧЕСКИЙ АНАЛИЗ ВСТРОЕННОГО НАДЗОРА ЗА ДЕЦЕНТРАЛИЗОВАННЫМИ ФИНАНСАМИ

М.А. ИОНЦЕВ

В статье рассматриваются ключевые аспекты экономического анализа встроенного надзора (embedded supervision) в экосистеме децентрализованных финансов (DeFi). Автор исследует экономические стимулы для участников рынка, а также анализируют влияние автоматизированных механизмов контроля на прозрачность, устойчивость и предотвращение финансовых рисков. Особое внимание уделяется сопоставлению традиционных методов надзора с инновационными инструментами, реализуемыми через смарт-контракты и децентрализованные протоколы. В статье выделяются основные преимущества и потенциальные вызовы внедрения встроенного надзора, в том числе вопросы соблюдения нормативных требований и защиты прав инвесторов. Результаты анализа позволяют сформулировать рекомендации для регулирующих органов и участников рынка по эффективному использованию встроенного надзора, способствующего развитию безопасной и устойчивой среды децентрализованных финансов. The article discusses the key aspects of the economic analysis of embedded supervision in the ecosystem of decentralized finance (DeFi). The author examines the economic incentives for market participants, as well as analyzes the impact of automated control mechanisms on transparency, sustainability and prevention of financial risks. Particular attention is paid to comparing traditional surveillance methods with innovative tools implemented through smart contracts and decentralized protocols. The article highlights the main advantages and potential challenges of implementing embedded supervision, including issues of compliance with regulatory requirements and protection of investors' rights. The results of the analysis make it possible to formulate recommendations for regulators and market participants on the effective use of embedded supervision, contributing to the development of a secure and sustainable environment for decentralized finance.

Digital Transformation in Law
Legal and Regulatory Analysis
Agricultural and Financial Auditing
Original source
Sep 9, 2025·Экономика и предпринимательство
0 cites
РАЗВИТИЕ ЕДИНОЙ ПЛАТФОРМЕННОЙ СИСТЕМЫ В ЗДРАВООХРАНЕНИИ: ГЕНЕЗИС, ВЫГОДЫ И РИСКИ ДЛЯ ПАЦИЕНТОВ

Е.В. ШАМАЛОВА

В статье описан процесс реформирования системы здравоохранения, который привел к созданию децентрализованной системы, в которой существуют автономные медицинские организации разных форм собственности, обладающие правом оказания платных медицинских услуг населению, но выполняющие единые регламенты и стандарты оказания медицинской помощи. Эти преобразования создали условия для формирования новой модели бизнес-процессов, основанной на информационных и цифровых технологиях. В статья перечислены выгоды и риски, которые создает едина платформенная система для пациентов. The article describes the process of reforming the healthcare system, which led to the creation of a decentralized system in which there are autonomous medical organizations of various forms of ownership that have the right to provide paid medical services to the population, but that follow unified regulations and standards for providing medical care. These transformations have created conditions for the formation of a new model of business processes based on information and digital technologies. The article lists the benefits and risks that a single platform system creates for patients.

Legal and Regulatory Analysis
Digital Transformation in Law
Healthcare Systems and Public Health
Original source
Sep 4, 2025·2025 IEEE 13th International Conference on Intelligent Data Acquisition and Advanced Computing Systems: Technology and Applications (IDAACS)
0 cites
Research on the Legal Effect and Judicial Challenges of Smart Contracts in Logistics Electronic Bills of Lading

Xi Wang

In the trend of the integration of global trade and digital technology, the problems of traditional paper bills of lading have become prominent. Smart contracts provide technical support for the innovation of electronic bills of lading. Based on the practices of enterprises such as COSCO Shipping, this paper explores the legal effect, judicial challenges, and related practical dilemmas of smart contracts in logistics electronic bills of lading. Smart contracts, relying on blockchain technology, possess characteristics such as immutability, serving as property rights vouchers, and automatic execution. They meet the provisions of the Civil Code of the People’s Republic of China on contracts and have legal effect. Enterprises like COSCO Shipping actively promote the application of electronic bills of lading, and international enterprises also have corresponding practices. However, smart contracts face challenges in judicial determination, including difficulties in the application of procedural laws and disputes over the property rights voucher attribute in substance. Additionally, there are major difficulties in technical implementation, such as industry collaboration barriers and technology adoption obstacles, as exemplified by the suspension of projects by leading enterprises. In the future, development should be promoted from aspects such as technical optimization, improvement of the legal framework, and construction of an industry - collaborative ecosystem to drive the digital transformation of the shipping industry.

Blockchain Technology Applications and Security
Law, logistics, and international trade
Digital Transformation in Law
Original source
Sep 4, 2025·Ciência da Informação
0 cites
Intellectual Property, Blockchains, and Smart Contracts: A Brief Review of Their Relationships and Interactions

Erik Schüler, Celso Luiz Salgueiro Lage

This article presents a literature review of various solutions and analyses concerning the use of blockchains and/or smart contracts to manage aspects of intellectual property assets. These include proper registration to establish prior art, ownership traceability, copy control, payment automation, contract execution, and related functions. The analyses focus on the application of these technologies to copyright, industrial property, sui generis protection, and technology transfer agreements. The methodology comprised a keyword search in scientific databases, followed by a qualitative content analysis to extract the most relevant points from each document. Overall, the findings indicate that most proposed applications address copyright-related issues, followed by patent-related uses. In the majority of proposed solutions, blockchain registration is restricted to information about the asset, without necessarily storing the asset itself on the blockchain.

Open access
Blockchain Technology Applications and Security
FinTech, Crowdfunding, Digital Finance
Digital Transformation in Law
Original source
Sep 4, 2025·Journal of Monetary Economics and Management
0 cites
Macroeconomic implications of the introduction of smart contracts in the banking sector

Stanislav Kostyuk

This article is devoted to a comprehensive study of the macroeconomic consequences of the introduction of smart contracts in the banking sector and their impact on the development of the modern financial system. The paper examines in detail the theoretical foundations and technological principles of smart contracts, as well as the mechanisms of their impact on key macroeconomic indicators, including the speed of capital circulation, inflation, lending and investment activity, as well as the overall stability of the national economy. Particular attention is paid to identifying the advantages of using this technology, such as reducing transaction costs, speeding up settlements, and increasing transparency and trust among financial market participants. At the same time, an analysis of the risks associated with technological disruptions, cyber threats and legal uncertainty is carried out. The article also provides examples of international experience and concludes that an integrated approach to the digital transformation of the banking sector is important for sustainable economic development and increased stability.

Digital Transformation in Law
Security, Politics, and Digital Transformation
Energy and Environmental Sustainability
Original source
Sep 4, 2025·Taxes
1 cites
Cryptocurrency Tax in the Russian Federation in 2025

Lilia S. Petrik

The article analyzes current aspects of cryptocurrency transaction taxation in the Russian Federation in 2025. It examines the regulatory framework governing the declaration and taxation of digital assets. The study explores features of tax base determination, tax rates, and reporting mechanisms for various categories of taxpayers in cryptocurrency operations. Methods of cryptocurrency transaction control and liability for tax law violations in digital assets are analyzed. Practical aspects of cryptocurrency operations tax administration are presented.

Security, Politics, and Digital Transformation
Legal and Policy Issues
Digital Transformation in Law
Original source
Sep 4, 2025·Actual Problems of Russian Law
5 cites
The Use of Cryptocurrencies in Cross-Border Transactions: Issues and Prospects for Legal Regulation

А. А. Ситник

The paper explores the prospects for utilizing cryptocurrencies (digital currencies) within the context of foreign economic activity and analyzes the key legal challenges in this area. Currently, the use of digital currencies in cross-border transactions stands out as one of the most effective mechanisms for countering economic sanctions imposed by unfriendly states. In pursuit of these objectives, the Russian Federation has implemented an experimental legal framework for transactions involving cryptocurrencies. Furthermore, it has been established that cross-border settlements in cryptocurrencies were practiced prior to the initiation of this experimental regime, often in defiance of the existing prohibition on accepting digital currencies as consideration. It has been established that the state must ensure the simultaneous implementation of two public interests, which do not contradict each other: upholding legality and countering economic sanctions. This objective is to be achieved through amendments to legislation that introduce liability for violations of the aforementioned prohibition. Terminological inaccuracies within the digital currency legislation have been identified, specifically the inability to incorporate stablecoins with centralized issuers—which have become the primary instrument for cross-border settlements—into the legal concept of “digital currency.” The author substantiated the rationale for conducting a controlled experiment on the use of digital currencies in cross-border settlements.

Open access
Security, Politics, and Digital Transformation
Digital Transformation in Law
FinTech, Crowdfunding, Digital Finance
Original source
Sep 1, 2025·مجلة اشور للعلوم القانونية و السياسية تصدر عن الجمعية العراقية للعلوم القانونية
0 cites
Delay in the Performance of Obligations Arising from Smart Contracts- A Foundational Legal and Jurisprudential Study-

Assistant lecturer -Haider Salah Gatea

This chapter explores the intersection between the deterministic execution of smart contracts and the unpredictable nature of delay, a legal phenomenon historically embedded in human discretion and normative flexibility. While smart contracts promise automated, trustless enforcement, they reveal critical vulnerabilities when confronted with unforeseen disruptions, particularly in the context of technical rigidity and legislative gaps. The discussion navigates through the architectural challenges of code literalism, the oracle dependency problem, and the doctrinal limitations of classical contract law in adjudicating delays devoid of intent or culpability. It also examines emerging hybrid legal-technical frameworks, including regulatory innovations in the EU and UK, and the conceptual development of Lex Cryptographica. Ultimately, the chapter proposes a recalibration of contract theory and practice, advocating for a pluralistic approach that integrates technical resilience with normative safeguards to manage delay in a digitally autonomous age.

Open access
FinTech, Crowdfunding, Digital Finance
Insurance and Financial Risk Management
Digital Transformation in Law
Original source
Sep 1, 2025·Repository Faculty of Law University of Zagreb
0 cites
Digital transformation of insurance contracts through blockchain technology and smart contracts

Stribor Gligorić

Rad analizira digitalnu transformaciju u industriji osiguranja s posebnim naglaskom na primjenu blockchain tehnologije i pametnih ugovora. Istražuje kako telemetrija i oracle tehnologija omogućuju prikupljanje i korištenje podataka iz stvarnog svijeta za dinamično oblikovanje ugovora o osiguranju, što vodi razvoju novih modela poput mikroosiguranja, peer-to-peer osiguranja i osiguranja temeljenog na stvarnoj uporabi. Rad također razmatra pravne aspekte pametnih ugovora, njihovu pravnu valjanost, ograničenja u interpretaciji, te izazove u zaštiti privatnosti i regulatorne izazove koje donosi njihova primjena unutar EU i Republike Hrvatske. Poseban naglasak stavlja se na važnost stvaranja jasnih i prilagodljivih pravnih rješenja koja će omogućiti odgovornu i učinkovitu integraciju novih tehnologija u osigurateljnu praksu.

Open access
European and International Contract Law
Insurance and Financial Risk Management
Digital Transformation in Law
Original source
Aug 29, 2025·International Journal of Innovative Science and Research Technology
0 cites
The Regulatory Uncertainty of Smart Contract Flaws in Virtual and Argumentative Reality

Godfrey Murairidzi Gotora, Eva Tsitsi Chigodo, Godfrey Benjamin Zulu, Mfula Eunice

Since the synthesis and evolution of the coding and blockchain technology with the self-executing commands, there is a sudden shift to the smart contract consumption patterns. In the global virtual commerce this phenomenon has been enormously increasingly day by day. This has been so based on the distinct, clear and strong advantageous characteristics mainly lies in security, transparency and its unique way of its decentralized automation nature. A large scope of transactions of this technology’s usage has been implemented in virtual and argumentative reality where codes create a lot of services such as games and commercial services amongst end users basically with no lawyers involved. However, despite its wide adoption intensifies, it renders no immune from the potential risks and uncertainty issues like any other software-based platforms. In generic terms every industry needs a regulatory way, which oversee or set red lines of boundaries in the form of structures, organizations and policies. In this context the code written and protocols which are executed automatically in systems aught also to be vetted in legal judiciary systems.

Open access
Digital Transformation in Law
Economic and Technological Systems Analysis
Legal Studies and Reforms
Original source
Aug 13, 2025·Courier of Kutafin Moscow State Law University (MSAL)
1 cites
Qualification of crimes related to obtaining cryptocurrency (mining)

D. E. Alekhin

The legal status of mining in Russia remains one of the most controversial issues. The main difficulty is related to the lack of a clear approach to the legal regulation of this process, which is the creation of new units of cryptocurrency. Nevertheless, the regulatory legal acts adopted last year emphasize the relevance and importance of the analyzed topic. The article examines the problems of qualifying crimes related to obtaining cryptocurrency, including mining. The legal status of cryptocurrencies in Russian and international legislation is analyzed, identifying gaps in regulation and enforcement. Special attention is given to the qualification of illegal mining as a form of unlawful business, as well as crimes related to electricity theft, fraud, extortion, and money laundering. The study explores relevant court rulings and evidentiary issues in criminal cases involving digital assets. International experiences in cryptocurrency regulation are reviewed, and suggestions for improving Russian legislation are provided. Key directions for the development of criminal law policy concerning cryptocurrency-related crimes are highlighted.

Open access
Legal and Policy Issues
Security, Politics, and Digital Transformation
Digital Transformation in Law
Original source
Aug 4, 2025·Science of law.
0 cites
The Role of Will in Determining the Law Applicable to Smart Contracts

Hassan Abbas, Azhar Mahmoud Lahmod

This study aims to demonstrate the role of explicit and implicit will in determining the law applicable to smart contracts. Traditional attribution criteria have become incapable of determining the law of digital contracts. This requires a more effective legal system that is compatible with the nature of this type of digital dispute, ensuring legal security and protecting the legal positions of the parties to the contract. This study was conducted using an analytical approach, analyzing relevant legal texts in national and international laws, in addition to a comparative legal approach to study comparative laws in the Anglo-American and Latin American systems, to demonstrate the role of these systems in establishing rules for smart contract operations through digital platforms. The study revealed that the explicit will is the best traditional solution available in legal systems for determining the law applicable to smart contracts. While implicit intention has diminished the importance of the unified elements of a smart contract across all contracts, rendering it incapable of establishing a method for determining contract law. The virtual and decentralized nature of these contracts has led many legislators to refrain from addressing them, given the difficulty of creating a legal system in light of the infrastructure that requires development to accommodate contractual processes in this type of contract. Legal development in the field of smart contracts and artificial intelligence is necessary through the study of technical aspects by specialists to develop a substantive law that addresses the legal issues that arise when implementing smart contracts similar to electronic contracts. This law also addresses the issue of determining the law applicable to the international nature of this type of contract, or through developing attribution criteria that align with the nature of virtual disputes.

Open access
Digital Transformation in Law
Law, AI, and Intellectual Property
Dispute Resolution and Class Actions
Original source
Jul 31, 2025·Экономика и предпринимательство
0 cites
ПРЕДЛОЖЕНИЯ ПО ИЗМЕНЕНИЮ РОССИЙСКОГО ЗАКОНОДАТЕЛЬСТВА В ОБЛАСТИ КРИПТОАКТИВОВ

Н.А. СОЛОВЬЕВ

В статье рассматриваются актуальные вопросы российского регулирования криптоактивов, используемых в децентрализованных финансах, анализируется текущее положение регулирования криптоактивов, выделяются ключевые векторы его развития. Предлагаются рекомендации по развитию правовой базы, включая внесение изменений в федеральные нормативно-правовые акты, ускорение процессов нормотворчества, а также формирование условий для выпуска стейблкойнов. The article examines current issues of Russian regulation of crypto assets used in decentralized finance, analyzes the current state of regulation of crypto assets, and highlights key vectors of its development. Recommendations are offered for the development of the legal framework, including amendments to federal regulatory legal acts, acceleration of rule-making processes, and the formation of conditions for the issuance of stablecoins.

Security, Politics, and Digital Transformation
Legal and Regulatory Analysis
Digital Transformation in Law
Original source
Jul 30, 2025·Філософія та політологія в контексті сучасної культури
0 cites
PHILOSOPHY OF LAW AND PRACTICAL-PHILOSOPHICAL ISSUES OF EXECUTION DETERMINISM IN SMART CONTRACTS

Тетяна Павлова, Роман Павлов

Purpose. The purpose of this article is to conduct a philosophical-legal analysis of the determinism of smart contract execution and its impact on fundamental legal categories through the lens of practical philosophy. This analysis aims to elucidate the transformation of the nature of legal certainty in the context of algorithmic automation.Design / Method / Approach. The study employs an interdisciplinary approach, integrating analytical philosophy of law with elements of phenomenological analysis of temporality and critical examination of formal systems. The methodological foundation consists of theories of legal certainty, concepts of practical reason, and approaches from the philosophy of technology to the analysis of algorithmic regulation.Findings. The study identifies a contradiction between the algorithmic logic of procedural justice and human needs for substantive justice. It is established that execution determinism ensures formal predictability at the expense of contextual sensitivity and adaptability. A distinction is substantiated between the certainty of code and legal certainty as qualitatively distinct phenomena. It is demonstrated that the inherent incompleteness of formal systems precludes the complete algorithmic formalization of legal relations.Theoretical implications. The research results advance philosophical-legal theory by analyzing the limits of legal formalization and conceptualizing the temporal transformation of legal processes, thereby enriching the understanding of the relationship between determinism and justice in the digital era.Practical implications. The findings provide a theoretical foundation for developing hybrid legal systems that combine algorithmic efficiency with the preservation of room for human judgment, as well as for formulating principles for the responsible integration of deterministic systems into legal practice.Originality / Value. The article proposes a philosophical-legal analysis of the determinism of smart contract execution through the lens of practical philosophy. It substantiates the transformation of the nature of legal certainty in the context of algorithmic automation as a qualitatively new phenomenon, necessitating a rethinking of traditional legal categories.Research limitations / Future research. Further research is needed on the transformation of legal subjectivity in the context of shifting autonomy from the level of interpretation to the level of designing legal systems, as well as on the analysis of new forms of legal agency in hybrid human-machine systems.Paper type. Theoretical.

Open access
Digital Transformation in Law
Security, Politics, and Digital Transformation
Blockchain Technology Applications and Security
Original source
Jul 23, 2025·Open MIND
0 cites
Legal Implications Of Smart Contract

Niteen Kumar Jethani

Journal article: Legal Implications Of Smart Contract

Open access
2 source records
European and International Contract Law
Digital Transformation in Law
Security, Politics, and Digital Transformation
Original source
Jul 21, 2025·Rossijskoe Pravo Obrazovanie Praktika Nauka
0 cites
On the Issue of the Civil Classification of Smart Contracts

Albert Valentinovich Pavlyuk, Elena Kirillova

The introduction of smart contracts into the social sphere and their active use requires a detailed analysis. The classification of such contracts and the description of their features will make it possible to specify the legal regulation in the field of the use of these electronic systems. The purpose of the study is to examine the features of smart contracts and propose a more complete (expanded) classification of them for various reasons. The research is based on methods of comparative analysis, synthesis, interpretation of legal norms and a comprehensive analysis of works on the chosen topic by both domestic authors and foreign specialists. The work resulted in additional grounds on which smart contracts can be categorized. The characteristics of smart contracts are also described: efficiency, security, lack of centralization, transparency, peer-to-peer, automation, and protection against fraud. Conclusion: smart contracts can be further classified depending on the environment in which they are executed (the blockchain technologies used), depending on their retribution for the parties to the transaction.

Open access
Digital Transformation in Law
Security, Politics, and Digital Transformation
Law, AI, and Intellectual Property
Original source
Jul 4, 2025·Journal of Science Technology and Society
0 cites
Research on Supply-Demand Matching of Industrial Interconnection Based on Smart Contract in Digital Economy

Yuekun Cai, Xinyi Deng, Congju Du

Against the background of the digital economy, the conventional matching strategy of supply and demand is unable to meet the requirements of matching supply and demand industrial interconnection with digitalization as the core element. To solve the trust problem of supply and demand matching contract of digital industrial interconnection, a decision-making framework of supply and demand matching of industrial interconnection based on smart contract is proposed. Based on the massive resource data, a resource characteristic attribute matrix is constructed, and the Fuzzy C-Means algorithm is used to classify and reduce the dimension of massive resource data. Based on the attribute expectation of supply and demand, the objective function with maximum satisfaction is created to realise bidirectional matching. Finally, the effectiveness of the proposed method is demonstrated by an example.

Open access
E-commerce and Technology Innovations
Digital Transformation in Law
Regional Development and Environment
Original source
Jul 1, 2025·Collection Regional Law Review
2 cites
Road towards a digitally enhanced future for marriage contract in Serbia

Bogdana Stjepanović

The integration of smart contracts and artificial intelligence (AI) into family law represents a major advancement in the digital transformation of legal procedures for marriage contracts. The blockchain technology enables smart contracts to function autonomously as self-executing agreements that deliver benefits through automated processes and transparent systems, and secure transactions. AI integration with these agreements enables real-time adjustments through adaptability because it allows automatic changes based on financial, legal, or personal circumstances. The implementation of family law through these agreements creates essential legal problems regarding their enforceability and jurisdictional differences, and their ability to handle marital relationship dynamics. The paper studies the basis of smart contracts alongside their potential AI-enhanced adaptability and automation capabilities. It also studies the Serbian marriage contract legal regulation. The research investigates the legal obstacles and jurisdictional problems that emerge when these technologies are used in family law by making comparisons with other civil law jurisdictions. The article also evaluates important ethical issues related to algorithmic bias and privacy concerns before it concludes by analysing the advantages and disadvantages of AI-enhanced smart contracts for marriage contracts in Serbia.

Open access
Digital Transformation in Law
Energy Law and Policy
Global Socioeconomic and Political Dynamics
Original source
Jul 1, 2025·Digital Transformation and Governance in the Judiciary
0 cites
Evidentiary Aspects of the Blockchain: Analysis of the Legal Reality in Europe and Spain

Federico Bueno de Mata

This research analyzes the impact of blockchain technology in the field of electronic evidence. It starts from a hypothesis of assuming that blockchain technology will have a significant impact on both public administrations and society in general, which will mean changing the way personal electronic information is managed by putting control in the hands of individual citizens rather than centralized servers or platforms. The article also analyzes regulatory efforts in the European Union to adapt to the changing landscape of electronic evidence, including the proposed eIDAS 2 regulation, which seeks to establish autonomous digital identities based on blockchain technology and then focuses on the procedural treatment of blockchain as a means and source of evidence and differentiates between this technology as a means of storing electronic evidence and as a mechanism to preserve and secure this type of evidence. Likewise, the text concludes by emphasizing the potential of blockchain technology in the context of Web3, where decentralized and interoperable systems are expected to play a fundamental role in the Spanish and European administration of justice.

Open access
Blockchain Technology Applications and Security
Digital Transformation in Law
Legal and Policy Issues
Original source
Jun 30, 2025·Algorithms
22 cites
Smart and Secure Healthcare with Digital Twins: A Deep Dive into Blockchain, Federated Learning, and Future Innovations

Ezz El‐Din Hemdan, Amged Sayed

In recent years, cutting-edge technologies, such as artificial intelligence (AI), blockchain, and digital twin (DT), have revolutionized the healthcare sector by enhancing public health and treatment quality through precise diagnosis, preventive measures, and real-time care capabilities. Despite these advancements, the massive amount of generated biomedical data puts substantial challenges associated with information security, privacy, and scalability. Applying blockchain in healthcare-based digital twins ensures data integrity, immutability, consistency, and security, making it a critical component in addressing these challenges. Federated learning (FL) has also emerged as a promising AI technique to enhance privacy and enable decentralized data processing. This paper investigates the integration of digital twin concepts with blockchain and FL in the healthcare domain, focusing on their architecture and applications. It also explores platforms and solutions that leverage these technologies for secure and scalable medical implementations. A case study on federated learning for electroencephalogram (EEG) signal classification is presented, demonstrating its potential as a diagnostic tool for brain activity analysis and neurological disorder detection. Finally, we highlight the key challenges, emerging opportunities, and future directions in advancing healthcare digital twins with blockchain and federated learning, paving the way for a more intelligent, secure, and privacy-preserving medical ecosystem.

Open access
Blockchain Technology Applications and Security
Digital Transformation in Law
Impact of AI and Big Data on Business and Society
Original source
Jun 30, 2025·Korean Journal of Construction Legal Affairs
0 cites
The Possibilities and Limitations of Real Estate Transactions through Smart Contracts

YoungMok Park

스마트계약은 자동화된 이행을 특징으로 한다. 이는 스마트계약을 계약의 일 종으로 이해하든, 컴퓨터 프로그램이라고 하는 정의하든 마찬가지이다. 스마트 계약에 의한 계약의 집행에서는 “코드가 법”이어서 “실행을 통제하거나 실행 에 영향을 주는 중재자 또는 제3자”가 필요없다. 이러한 스마트 계약을 부동산 거래에 적용할 수 있는지에 관해서 다양한 검토가 행해지고 있다. 외국에서는 스마트계약을 통한 부동산 거래가 시도되기도 했으며, 우리 정부도 이를 부동 산 거래에 도입하는 것을 추진하고 있다. 이 논문에서는 스마트계약을 통한 부 동산 거래의 가능성과 그 한계에 관하여 검토하였다. 스마트계약을 통해 부동 산 매매계약이 집행된다면 동시이행의 확보가 분명하고 효율적으로 달성될 것 이다. 거래의 효율화와 집행용이화는 거래계에서 흔히 볼 수 있는 일반적 흐름 이므로, 스마트계약이 이에 활용될 수 있다면 거래계에서 자연스럽게 채용될 것이다. 그러나 블록체인 상의 스마트계약을 통해서 부동산 거래를 할 필요성 이 있는지, 그러한 방식이 효율적이고 바람직한지에 대하여는 의문이 있다. 우 선 블록체인에서 거래하려면 이를 대체불가능토큰(NFT)화 해야 할 것인데, 부대체의 특정 자산인 부동산을 디지털 자산화 할 필요는 없을 것으로 생각된다. 또한 부동산 거래의 전 과정을 코드화 하려면 그 효용보다 비용이 더 클 것이 므로, 코드화 할 수 있는 것보다 코드화 할 수 없는 부분이 더 많을 것이다. 더 나아가 코드에 의해 이행된 경우에도 법적 분쟁이 발생하지 않는 것은 아니 며, 스마트계약의 불변성은 오히려 법적 해결에 걸림돌로 작용할 수 있을 것이 다. 더 나아가 탈중앙화라는 블록체인의 이상 자체가 부동산 거래에는 적합하 지 않다. 또한 블록체인 기술의 장점으로 평가되는 기록의 정확성과 불변성은 국가가 관리하는 등기부를 통해서도 충분한 정도로 달성될 수 있다. 따라서 블 록체인 스마트계약을 통해서 부동산거래를 할 수 있도록 제도를 마련할 필요 성은 없다고 생각된다.

Digital Transformation in Law
Insurance and Financial Risk Management
Impact of AI and Big Data on Business and Society
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