# kaal:claim:5554218-001

**Claim.** 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.

**Type.** mechanism  **Support.** argued

**Holds when.**

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

**Source quote.**

> 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, page 4

**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

**Verify.** sha256 of source PDF `55738b4035a91b70aa2ddaa127552fe4b373ec641afee2719fbdcabebdcbea44` at https://raw.githubusercontent.com/wulfkaal/Academic-Papers/main/papers/pdf/Andreas%20and%20Kaal%20-%202025%20-%20Universal%20Digital%20Law%20Codex%20%28UDLC%29%20Building%20the%20Legal%20Infrastructure%20for%20the%20Digital%20Era.pdf

**Topics.** smart-contracts

**Keywords.** smart-contracts, contract-formation, immutability, common-law, civil-law

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