kaal:claim:5554218-001

Smart contracts disrupt the foundational principles of contract formation in both common and civil law jurisdictions, specifically offer and acceptance, consideration, and enforceability, because their automated and immutable execution lacks the flexibility that law derives from human negotiation and judicial oversight.

Source quote, verbatim

smart contracts disrupt foundational principles of contract formation, such as offer and acceptance, consideration, and enforceability, due to their automated, immutable execution, which lacks the flexibility of law, which is based on human negotiation and judicial oversight.

From

Furrer Andreas, Wulf A. Kaal, Universal Digital Law Codex (UDLC) Building the Legal Infrastructure for the Digital Era (2025), 1. Introduction, p. 4
https://ssrn.com/abstract=5554218 · source PDF

Cite as

Furrer Andreas, Wulf A. Kaal, Universal Digital Law Codex (UDLC) Building the Legal Infrastructure for the Digital Era (2025). SSRN: https://ssrn.com/abstract=5554218

Holds when

common law and civil law jurisdictions
self-executing smart contracts deployed on blockchain

Classification

mechanismsupport: arguedsmart-contracts

Verify

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Attestation record: colloquium/attestations/9806a5724d9be77d...json
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