entity · derived
Enforceability
Derived node: assembled mechanically from the claims carrying enforceability. A roster, not an adjudicated definition.
Every claim under this term
- 617681-042 : Unless the Member State of incorporation specifically provides in its corporate statute that arbitration is permissible when allowed in the charter or a shareholders agreement, investors run the risk
- 2629451-024 : Negative returns after the end of the N/DPA term are evidence that investors regard the expiration of the term, and the consequent unenforceability of the associated governance improvements, as bad ne
- 2811718-023 : As a contractual matter, due diligence promises made in a brochure, on a website, or in a contract with investors must be in writing to be enforceable.
- 2939127-026 : Because the legal origin of smart contracting is unsettled, lawyers may argue that smart contracts are void and unenforceable under the law even where the smart contract accurately reflects the partie
- 2998033-004 : Smart contracts face a legal enforceability risk: they may be attacked as void and unenforceable, because contract law rules on formation, interpretation, conditions and remedies were not written for
- 3017612-026 : Drag-along rights are likely enforceable in Delaware absent fraud or duress, because Delaware rejects the de facto merger doctrine and therefore does not trigger statutory formalities such as appraisa
- 3017612-034 : Absent explicit statutory authorization, many courts have refused to enforce veto provisions contained in shareholder agreements, which is why such provisions should be implemented through charter or
- 3017612-038 : Because damages rarely provide an adequate remedy for breach of a shareholder agreement, refusing specific enforcement amounts in substance to declaring the agreement invalid.
- 3071378-009 : Even where a smart contract reflects the underlying bargain between the parties, lawyers may argue that smart contracts are void and unenforceable under the law.
- 3409548-015 : Smart contracts face a legal origin problem: lawyers may argue that they are void and unenforceable, and contract law rules on formation, interpretation, conditions and remedies require substantive ad
- 3409548-016 : The legal limitations on smart contracts are slowly disappearing through state legislation, as shown by Arizona's 2017 law making smart contracts fully enforceable and Delaware's parallel Blockchain I
- 4796714-020 : The gap between regulators' technical understanding and the state of the art in AI drives rules to one of two failure states: too vague to be enforceable, or so prescriptive that they suppress creativ
- 4796714-022 : AI powered DAOs that autonomously generate revenue are especially hard to regulate or dismantle, because the same blockchain security features that protect the organization also make it difficult to i
- 5554218-007 : Because blockchain based contracts are immutable, they cannot be altered by judicial order, which creates enforceability problems whenever a dispute arises outside the scope of the code, such as defec
- 5554218-009 : Unless the scope and permissible transactions of smart contracts are bounded by law, smart contracts risk being held unenforceable in jurisdictions that prioritize statutory compliance over technologi
- 5554218-033 : The Universal Digital Law Codex should route disputes to decentralized arbitration platforms such as arbitration DAOs, providing a forum for human oversight precisely when immutable code fails to reso
- 5554218-034 : To satisfy statutory formalities, the Universal Digital Law Codex mandates the use of distributed ledger records as substitutes for written documents, so that smart contracts can meet formal attestati
- 5554218-039 : By defining legal standards for smart contracts, the Universal Digital Law Codex makes arbitration DAO awards enforceable by courts, and its precedent system records outcomes in a transparent ledger t
- 5886342-002 : The Codex is designed to close the gap between the fast moving digital ecosystem and the traditional legal system, and its purpose is to secure enforceability, fairness and procedural integrity even w
- 5886342-006 : The Codex is grounded in legal certainty and predictability, on the reasoning that parties can only enforce rights and anticipate liabilities within a digital system if the applicable rules are knowab
- 5886342-007 : The Codex is deliberately drafted as a rule of law in the sense of Article 3 of the Hague Principles on Choice of Law in International Commercial Contracts (2015), which is the technical device that l
- 5886342-028 : Terms expressed in code, such as those inside a digital contract, are legally valid and enforceable even when they are not provided in natural language.
- 5887242-001 : No existing legal order, whether national, supranational, or private, can evolve at the speed of exponential technological change without sacrificing either legitimacy or enforceability.
- 5887242-008 : Separating internal on-chain governance from external legal relations maximizes decentralization while preserving real-world enforceability, thereby avoiding the fatal centralization that undermined e
- 5887242-013 : By rejecting any requirement for a legal entity, board, or registered agent, the UDLC DAO escapes the centralization trap that undermined earlier DAO legal structures while remaining enforceable throu