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Autore
Remotti, Giorgio

Titolo
Blockchain smart contract. Un primo inquadramento
Periodico
Osservatorio del diritto civile e commerciale
Anno: 2020 - Fascicolo: 1 - Pagina iniziale: 189 - Pagina finale: 228

In this work, the author questions the legal qualification of the smart contract, especiallyunder the light of a recent Italian law that has given legislative recognition to this wealthtransfer tool (Legislative Decree of December 18, 2018, n.135 converted into Law of February11, 2019, n.12). To this end, the work moves from a first technical analysis of smart contractsto identify their main characteristics, taking especially into account the ‘habitat’ in whichthese contracts are generated, that is, in general, the one of distributed accounting technology(DLT), and more in particular, the one of cryptocurrencies. After identifying the rudiments ofsuch contracts, this paper goes on to analyze some critical profiles in relation to to this specifictool and in particular those related to anonymity on the net, on the one hand, and thoseconnected to the self-execution of the contract, on the other. After these initial analyzes, thispaper identifies the strengths and weaknesses of smart contracts against traditional contracts.In this way, the work offers a comparison with the structural characteristics and requirementsof the contract in a legal sense. In particular, the work then focuses on how to implementthe agreement between the contracting parties, given that the agreement represents the firstrequirement to qualify this particular contract as a contract in a legal sense. In this way, inthe continuation of the essay, the author will distinguish the hypotheses in which the smartcontract is a contract in a legal sense from those in which it merely represents a method ofexecuting a contract.



SICI: 2281-2628(2020)1<189:BSCUPI>2.0.ZU;2-W
Testo completo: https://www.rivisteweb.it/download/article/10.4478/98136
Testo completo alternativo: https://www.rivisteweb.it/doi/10.4478/98136

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