New book by Professor Stazi: Smart Contracts in Comparative Law

The book analyses the most relevant developments in the relationship between contract and technology, starting from the contract concluded by automatic until it focuses on today’s “smart contracts”.
The comparative approach allows to focus attention on the main solutions adopted in different systems, with particular regard to the circulation of models and ideas and to the rationes and specificity of their local variations.
Through the examination of the characteristics of the distributed ledger technologies and in particular of the blockchain technology on which the smart contracts are based, the peculiarities of the latter are taken into consideration, or first of all the automatic execution and the resistance to tampering, from which at the same time, significant opportunities derive, as well as complex legal issues.
A framework is then provided to reconcile the “smart contracts”; with the comparative contract law, in order to define the perimeter and the specificities of their binding force and legal effectiveness.
With specific reference to the elements, pathologies and contractual remedies in the case of the smart contracts, then, the application peculiarities and the main issues that emerge in the regulatory framework of comparative contract law are examined, to favour their understanding and application. as harmonised as possible, in line with the transnational nature of the instrument.


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