Librería Portfolio

The product of a unique collaboration between academic scholars, legal practitioners, and technology experts, this Handbook is the first of its kind to analyze the ongoing evolution of smart contracts, based upon blockchain technology, from the perspective of existing legal frameworks - namely, contract law. The book´s coverage ranges across many areas of smart contracts and electronic or digital platforms to illuminate the impact of new, and often disruptive, technologies on the law. With a mix of scholarly commentary and practical application, chapter authors provide expert insights on the core issues involving the use of smart contracts, concluding that smart contracts cannot supplant contract law and the courts, but leaving open the question of whether there is a need for specialized regulations to prevent abuse. This book should be read by anyone interested in the disruptive effect of new technologies on the law generally, and contract law in particular.

Addresses many aspects of contract law and how they are affected by blockchain technologies
Goes beyond a first and general approach of blockchain and smart contracts
Adopts a comparative approach to provide a view on different jurisdictions as they relate to smart contracts



Table of Contents

Preface
Part I. General Framework: Legal and Technical:
1. Smart contracts and contract law Larry A. DiMatteo, Michel Cannarsa and Cristina Poncibò
2. Legal meaning of smart contracts Riccardo De Caria
3. Technology of smart contracts Valentina Gatteschi, Fabrizio Lamberti and Claudio Demartini
Part II. Contract Law and Smart Contracts:
4. Contract formation Mateja Durovic and André Janssen
5. Challenges of smart contracts: implementing excuses Eric Tjong Tjin Tai
6. Contract interpretation Michel Cannarsa
7. Smart contracts and contractual remedies Larry A. DiMatteo and Cristina Poncibò
Part III. Electronic Platforms and Networks:
8. Digital platforms: regulation and liability in EU law Piotr Tereszkiewicz
9. Blockchains: a technology for decentralized marketplaces Eliza Mik
10. Regulating smart contracts and online platforms: a Chinese perspective Jia Wang and Lei Chen
Part IV. Privacy, Security, and Data Protection:
11. Blockchain and data protection Lokke Moerel
12. Data protection law in hybrid worlds Sjef van Erp
13. Smart contracts: issues of property and security rights Louis-Daniel Muka Tshibende
14. Algorithmic contracts and consumer privacy Lauren Henry Scholz
Part V. Smart Contracts: Courts and the Legal Profession:
15. Smart contracts and the courts Marc Clément
16. Usefulness and dangers of smart contracts in consumer transactions Oscar Borgogno
Part VI. Future of Smart Contracts, Blockchain and Artificial Intelligence:
17. Transactional technologies, legal disruption, and the case of network contracts Roger Brownsword
18. Observations on the impact of technology on contract law Barbara Pasa and Larry A. DiMatteo
19. Visions of smart contracts Diana Wallis.