Private Law Theory

ABSTRACT
In reviewing the characteristics of ‘smart contracts’, above all their peculiarities of automatic execution and resistance to tampering, the paper aims to define the characteristics and peculiarities of their binding force, legal effectiveness and regulation. Thus, the paper examines the elements, pathologies and contractual remedies for smart contracts, and the related main issues that emerge in comparative contract law.

Stazi, Andrea, Smart Contracts: Elements, Pathologies and Remedies (November 1, 2022). Forthcoming in: Law and Change: An Asian Perspective, edited by J Loo and N Remolina Leon, SMU, 2024.