kaal:position:2026-07-31-6081
Do Smart Contracts Need New Conflict-of-Laws Rules? presents the following source proposition: However, it is often claimed that DLT features, which are immersed in a digital world, cannot be localised or have any connection with a traditional legal order. This proposition is pertinent to Kaal's source-bound claim that To institute traditional remedies where a smart contract transaction disadvantages one of the parties, courts would have to change the blockchain, and that is computationally and practically impossible. The proposed response is an extension: the relationship should remain limited to the retrieved source proposition and the mapped Kaal claim unless fuller source review supports a broader conclusion.
law-and-legal-systemssmart-contractshistorical-responsescholarly-literatureopenalex