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Smart contracts: between freedom and strict legal regulation.

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Title: Smart contracts: between freedom and strict legal regulation.
Authors: Efimova, Liudmila1 elg007@mail.ru, Sizemova, Olga2, Chirkov, Alexey3
Source: Information & Communications Technology Law. Oct2021, Vol. 30 Issue 3, p333-353. 21p.
Subjects: Computer software laws, Computer laws, Data security laws, Internet security, Computer files -- Law & legislation
Abstract: This paper aims to show that computer software known as 'smart contract' can help achieve various goals. First, the software can be used as a means of executing a traditional contract. Second, smart contracts may help enforce the law. Third, the software can act as a means of concluding and executing a contract. In this case, a smart contract can replace a written one. Consequently, the entire contractual practice moves into cyberspace, and we observe total 'dematerialisation' of contractual relations. Fourth, a smart contract can be used to enforce a court decision. Since the paper focuses on the contractual aspect of this technological innovation, the authors believe that a smart contract should be understood as a computer program serving as an external form for any type of contract. Such a contract can only be blockchain-based, because the blockchain technology ensures commencement, automatic execution, and termination of civil obligations in cyberspace. Based on the authors' concept of a smart contract, this paper offers recommendations to eliminate legal and operational risks that arise when users of digital financial services conclude and execute smart contracts. The paper suggests ways to improve customer supervision of activities performed by operators and administrators of operating platforms. [ABSTRACT FROM AUTHOR]
Copyright of Information & Communications Technology Law is the property of Taylor & Francis Ltd and its content may not be copied or emailed to multiple sites without the copyright holder's express written permission. Additionally, content may not be used with any artificial intelligence tools or machine learning technologies. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
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  Data: Smart contracts: between freedom and strict legal regulation.
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  Data: <searchLink fieldCode="AR" term="%22Efimova%2C+Liudmila%22">Efimova, Liudmila</searchLink><relatesTo>1</relatesTo><i> elg007@mail.ru</i><br /><searchLink fieldCode="AR" term="%22Sizemova%2C+Olga%22">Sizemova, Olga</searchLink><relatesTo>2</relatesTo><br /><searchLink fieldCode="AR" term="%22Chirkov%2C+Alexey%22">Chirkov, Alexey</searchLink><relatesTo>3</relatesTo>
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  Data: <searchLink fieldCode="JN" term="%22Information+%26+Communications+Technology+Law%22">Information & Communications Technology Law</searchLink>. Oct2021, Vol. 30 Issue 3, p333-353. 21p.
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  Data: <searchLink fieldCode="DE" term="%22Computer+software+laws%22">Computer software laws</searchLink><br /><searchLink fieldCode="DE" term="%22Computer+laws%22">Computer laws</searchLink><br /><searchLink fieldCode="DE" term="%22Data+security+laws%22">Data security laws</searchLink><br /><searchLink fieldCode="DE" term="%22Internet+security%22">Internet security</searchLink><br /><searchLink fieldCode="DE" term="%22Computer+files+--+Law+%26+legislation%22">Computer files -- Law & legislation</searchLink>
– Name: Abstract
  Label: Abstract
  Group: Ab
  Data: This paper aims to show that computer software known as 'smart contract' can help achieve various goals. First, the software can be used as a means of executing a traditional contract. Second, smart contracts may help enforce the law. Third, the software can act as a means of concluding and executing a contract. In this case, a smart contract can replace a written one. Consequently, the entire contractual practice moves into cyberspace, and we observe total 'dematerialisation' of contractual relations. Fourth, a smart contract can be used to enforce a court decision. Since the paper focuses on the contractual aspect of this technological innovation, the authors believe that a smart contract should be understood as a computer program serving as an external form for any type of contract. Such a contract can only be blockchain-based, because the blockchain technology ensures commencement, automatic execution, and termination of civil obligations in cyberspace. Based on the authors' concept of a smart contract, this paper offers recommendations to eliminate legal and operational risks that arise when users of digital financial services conclude and execute smart contracts. The paper suggests ways to improve customer supervision of activities performed by operators and administrators of operating platforms. [ABSTRACT FROM AUTHOR]
– Name: AbstractSuppliedCopyright
  Label:
  Group: Ab
  Data: <i>Copyright of Information & Communications Technology Law is the property of Taylor & Francis Ltd and its content may not be copied or emailed to multiple sites without the copyright holder's express written permission. Additionally, content may not be used with any artificial intelligence tools or machine learning technologies. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract.</i> (Copyright applies to all Abstracts.)
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      – Type: doi
        Value: 10.1080/13600834.2021.1889759
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      – Code: eng
        Text: English
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        PageCount: 21
        StartPage: 333
    Subjects:
      – SubjectFull: Computer software laws
        Type: general
      – SubjectFull: Computer laws
        Type: general
      – SubjectFull: Data security laws
        Type: general
      – SubjectFull: Internet security
        Type: general
      – SubjectFull: Computer files -- Law & legislation
        Type: general
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      – TitleFull: Smart contracts: between freedom and strict legal regulation.
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            NameFull: Chirkov, Alexey
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            – D: 01
              M: 10
              Text: Oct2021
              Type: published
              Y: 2021
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              Value: 13600834
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              Value: 30
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            – TitleFull: Information & Communications Technology Law
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