Smart contracts from the contract law perspective: outlining new regulative strategies

2020 ◽  
Vol 28 (3) ◽  
pp. 217-242
Author(s):  
Nataliia Filatova
Keyword(s):  
Social Life ◽  
Legal Regulation ◽  
Contract Law ◽  
Smart Contracts ◽  
Technical Regulation ◽  
Legal Contract ◽  
Contract Performance ◽  
Special Rules ◽  
Technical Rules

Abstract Smart contracts nowadays start being widely used in various areas of economic and social life. In most cases smart contracts are somehow related to legal contracts: the former may constitute part of a legal contract, an entire contract, or be used to automate a contract performance. Meanwhile, a question whether modern contract law is applicable to smart contracts is rather debatable, since smart contracts initially were designed to rely only on technical rules embedded in blockchain and considered as self-sufficient instruments capable of addressing various issues which may emerge in practice. However, practice has shown that technical regulation does not often cope with the problems one may face when using smart contracts, which confirms the need for legal regulation. Although smart contracts have many technical peculiarities, they do not make application of contract law provisions totally impossible. Thus, what the modern contract law needs is a set of special rules applicable to the practice of smart contracting.

scholarly journals Regulation of the Smart Contract in (Romanian) Civil Law

2021 ◽  
Vol 8 (2) ◽  
pp. 95-111
Author(s):  
Raluca Onufreiciuc ◽  
Lorena-Elena Stănescu
Keyword(s):  
Civil Law ◽  
Computer Code ◽  
Computer Programs ◽  
Legal Regulation ◽  
Contract Law ◽  
Use Case ◽  
Smart Contracts ◽  
Crucial Question ◽  
Smart Contract ◽  
The Subject

The research aims to organize, examine, and analyze the provisions on smart contracts available in Romanian civil law. “Smart contracts” are not smart, and are not necessarily contracts, although they can be. As self-executing computer programs, smart contracts are operational on the blockchain and unlike traditional legal contracts, once the agreement has been concluded and the smart contract is set in motion, no party can intervene and it will be executed without interruption, modification, or breach. The crucial question in the final contract law topic is what happens when the smart contract's outcomes deviate from those required by law. To answer this issue, we must first understand that whether a smart contract becomes legally enforceable is determined by several circumstances, together with the unique use case, the type of smart contract employed, and the existing legislation. The paper addresses the subject of determining and regulating smart contracts under Romanian current laws. Particular emphasis is placed on two ambiguous definitions of smart contracts: as computer code and as a civil-law contract. The authors conclude that the concept of smart contracts requires more legal regulation, particularly in terms of managing their meaning and comprehension.

Implications of Blockchain-Based Smart Contracts on Contract Law

2021 ◽  
Author(s):  
Chantal Bomprezzi
Keyword(s):  
Contract Law ◽  
Smart Contracts ◽  
Applicable Law ◽  
Vending Machines ◽  
Contract Formation ◽  
Contract Performance ◽  
Depth Analysis

This book provides an in-depth analysis of the main debates surrounding blockchain-based smart contracts and contract law. After having provided a detailed description of the technology, it considers existing rules concerning technology and contracts, from vending machines to computable contracts, and verifies its applicability to blockchain-based smart contracts. Namely, it focuses on the implications of blockchain-based smart contracts on contract formation, contract performance, and applicable law and jurisdiction.

scholarly journals Criminal liability for land damage under the legislation of the cis countries

2021 ◽  
Vol 7 (Extra-D) ◽  
pp. 22-27
Author(s):  
Sergej N. Bezugly ◽  
Galia G. Mikhaleva ◽  
Irina V. Savelieva ◽  
Oksana S. Shumilina ◽  
Natalia Yu. Zhilina
Keyword(s):  
Criminal Liability ◽  
Environmental Safety ◽  
Legal Regulation ◽  
Land Protection ◽  
Rational Use ◽  
Advantages And Disadvantages ◽  
The Future ◽  
Special Rules ◽  
Cis Countries ◽  
Criminal Legislation

The article includes consideration of the norms on land damage under the criminal legislation of the CIS countries, analysis of approaches to the legal regulation of land protection in criminal legislation. It is determined that not all criminal laws have the special rules protecting the land only. We analyzed the signs of land damage, revealed the specifics of objective signs of land damage, as well as analyzed the advantages and disadvantages of legal regulation in comparison. It is concluded that relations on the protection and rational use of land, ensuring environmental safety are very important for the uninterrupted provision of the population with a sufficient number of safe and affordable products in the future.

scholarly journals Professionalism as a feature of business activity

2021 ◽  
Vol 7 (Extra-A) ◽  
pp. 444-448
Author(s):  
Lyubov F. Netishinskaya ◽  
Olga A. Kovtun ◽  
Natalia D. Tereschenko
Keyword(s):  
Civil Liability ◽  
Legal Regulation ◽  
Business Activity ◽  
Contractual Obligation ◽  
Special Rules

The article deals with the issues of special legal regulation of civil legal relations, the participants of which are entrepreneurs-professional participants of property turnover. The article analyzes the legislative provisions that provide for special rules on stricter civil liability of entrepreneurs and maximum freedom in forming and changing the conditions in a contractual obligation to which entrepreneurs are a party or participants. At the same time, it is concluded that the special rules for entrepreneurs established by the legislator are justified.

scholarly journals Problems of legal regulation of smart contracts

2020 ◽  
Vol 1 (1) ◽  
pp. 143-151
Author(s):  
Vasyl Varavka ◽  
Keyword(s):  
Legal Regulation ◽  
Smart Contracts

MATRIMONIAL PROPERTY RELATIONS IN THE INTERNATIONAL FAMILY LAW: METHODOLOGY OF REGULATION

2017 ◽  
Author(s):  
Yevhen Tkachenko ◽  
Keyword(s):  
Social Relations ◽  
Social Life ◽  
Family Law ◽  
Family Relations ◽  
Self Regulation ◽  
Essential Element ◽  
Legal Regulation ◽  
Legal Regime ◽  
Property Relations ◽  
Law Regulation

As a result of this study, the family law regulation of matrimonial property relations was found to have its specific mechanism which is defined as a single system of legal ways and means providing mainly dispositive legal influence on family relations that allows significant influence of individual self-regulation and restrictions of prohibitions. At the present stage of study, this mechanism is considered as a ‘complex’ phenomenon which has several layers. Therefore, different interpretations of the mechanism for family law regulation of matrimonial property relations, derived at various levels, show not only their distinctive but also their common features. Determination of heterogeneous circumstances affecting the matrimonial property relations requires an analysis of the content and legal regulation of the relations related to property ones, since they are influenced by the mechanism for family law regulation of matrimonial property relations. Therefore, the methodology is the most essential element of this mechanism: it reveals the basic legal principles of family law regulation and directly connects legal tools with the objectively determined needs of social life by using the regulatory functions of law. The structure of the methodology of the mechanism for family law regulation of matrimonial property relations includes permits, prohibitions, instructions, incentives, obligations, sanctions and other ways to influence proper relationships. Methods of family law regulation are determined as methods of legal influence on the relevant social relations. They reflect the essence of a particular legal regime of regulation, while serving as a unifying principle which groups the system of family law and other legal phenomena within the institutions of family law. In this sense, the main methods of legal regulation are the method of subordination and the method of coordination. As a result, it is determined that each family law method reflects a special legal regime of regulation and depends on the formation of a specific set of techniques and means of regulation, among which a special place is occupied by general permits and general prohibitions.

The issues of controlling the use of chemical reagents to ensure the safety and efficiency of oil production, treatment and transportation

2021 ◽  
pp. 338-345
Author(s):  
Ильназ Ильфарович Хасбиуллин ◽  
Антон Анатольевич Шматков
Keyword(s):  
Quality Control ◽  
State Level ◽  
Oil Production ◽  
Oil Industry ◽  
Legal Regulation ◽  
Test Methods ◽  
Regulation System ◽  
Pipeline Transportation ◽  
Technical Regulation ◽  
Chemical Reagents

Химические реагенты активно используются в нефтяной отрасли для решения практических задач и совершенствования технологических процессов. При этом на сегодняшний день в России не определен единый, регламентированный нормативно-правовым документом надлежащей юридической силы, порядок применения и контроля качества химических реагентов при добыче, сборе, подготовке и трубопроводном транспорте нефти. С целью обоснования необходимости совершенствования технического регулирования в указанной области проведен анализ нормативно-правовой базы, требований к данному виду химической продукции, процедуры ее сертификации, правил и порядка допуска к применению. Установлено, что в настоящее время использование химических реагентов в нефтяной отрасли почти в полной мере регулируется внутренними нормативными документами компаний - потребителей этих химических веществ, что имеет издержки и недостаточно для эффективного функционирования системы технического регулирования в рассматриваемой области. Представляется целесообразным вернуться к ранее существовавшей практике общего нормативно-правового регулирования применения химических реагентов в процессах добычи, сбора, подготовки и трубопроводного транспорта нефти, а также обязательной сертификации данного вида продукции. Необходимо продолжать деятельность по обеспечению эффективности и безопасности применения химических реагентов: совершенствовать нормативную базу и систему контроля качества, разрабатывать новые методики испытаний и инструкции по применению. Все эти меры должны реализовываться не только на отраслевом, но и на государственном уровне. Chemical reagents are actively used in the oil industry to solve practical problems and improve processes. At the same time, Russia currently has no unified procedure for the use and quality control of chemical reagents in the production, collection, preparation, and pipeline transportation of oil that is regulated by a legal document of proper legal force. In order to substantiate the need to improve technical regulation in this sphere, analysis of the regulatory and legal framework, the requirements established for this type of chemical product, the procedure for its certification, rules and procedures for admission to use has been conducted. It has been established that currently the use of chemical reagents in the oil industry is almost fully regulated by the internal regulatory documents of companies that consume these chemicals, which incurs costs and is insufficient for the effective functioning of the technical regulation system in the industry under consideration. It seems appropriate to return to the previously existing practice of full legal regulation of the use of chemical reagents in the processes of oil production, collection, preparation, and pipeline transportation, as well as mandatory certification for this type of product. It is necessary to continue activities to ensure efficiency and safety of the chemical reagent use: to improve the regulatory framework and quality control system, to develop new test methods and usage instructions. All these measures need to be implemented not only at the industry but also at the state level.

The legal phenomenon of lex sportiva in the international sports law

2020 ◽  
Vol 10 (4) ◽  
pp. 168-183
Author(s):  
Artem Bredikhin
Keyword(s):  
Self Regulation ◽  
Legal Regulation ◽  
The European Union ◽  
Sports Law ◽  
National Legislation ◽  
Sports Organizations ◽  
Cross Border ◽  
Lex Sportiva ◽  
Lex Mercatoria ◽  
Special Rules

The development of sports law is directly related to the nature of sports, whose legal relations must have uniformity and stability, achieved through regulation by special rules created by international and national sports organizations – lex sportiva. This paper is devoted to lex sportiva as one of the most important tools for regulating cross-border relations in the field of sports. The author examines the origin and legal nature of lex sportiva as well as its impact on national legislation in the field of sports. Moreover, the author elaborates on possible meanings of this notion: lex sportiva as a set of rules of self-regulation, as a set of decisions of the Court of Arbitration for Sport, as a legal principle, as a phenomenon of implementation, and as a criterion for determining the amount of compensation. The author discusses the use of lex sportiva by the Court of Arbitration for Sport in the context of dispute resolution, since this court has formed an extensive judicial practice throughout its existence, which, together with the rules of national and international sports organizations, forms an important part of lex sportiva. In this regard, the author draws parallels with the related source of cross-border law – lex mercatoria, and also considers situations in which there are conflicts between lex sportiva and the norms of international law and rules of national legislation. In the field of sports, such legal conflicts are resolved by the principle of lex specialis derogat legi generali, according to which the rules of lex sportiva prevail over national law, providing a principle for the autonomy of sports. The first mention of the recognition of this principle is contained in the sources of law of the European Union. Finally, the author comes to the conclusion that the generally recognized two-dimensional understanding of lex sportiva as a doctrine and as a set of norms of self-regulation in sports is outdated, since it does not fully reveal the essence of the legal phenomenon, since it does not reflect all its properties which are manifested in the situations of legal regulation of relationships in the sports field. The exclusive role of lex sportiva is predicted to resolve international legal and organizational conflicts in the field of sports caused by the COVID-19 pandemic.

scholarly journals REINFORCEMENT OF PANCASILA AS A PHILOSOPHY OF REGULATION-MAKING

2020 ◽  
Vol 5 (1) ◽  
pp. 67-76
Author(s):  
Lita Tyesta ALW
Keyword(s):  
Social Life ◽  
Legal Regulation ◽  
The Political ◽  
Political Climate ◽  
Material Content ◽  
Just Society ◽  
Whole Systems ◽  
Basic Philosophy ◽  
Interpersonal Space ◽  
Laws And Regulations

The purpose of law is to implement the ideals of order and justice into the interpersonal space of life that is society. Therefore, every legal regulation must abide and be based on norms that exist in society which envisages the modern ordered and just society. The law should be prospective, understandable, clear, fixed and certain. In Indonesia, Pancasila is a set of five principles by which the whole systems of government, law, and social life should be adopted by the nation. However, the current political climate has changed the political reception towards reinforcing Pancasila as the basic philosophy of regulation-making. This conceptual article discussed about how the process of regulation-making should be based on Pancasila as grundnorm, or basic norms of the nation’s life. This article concluded that the elaboration of the grundnorm in the formation of laws and regulations by taking into account the principles of the formation of laws and regulations as well as the principles of material content along with the guidelines and techniques for their formation, so that the formation of laws and regulations fulfills the rules in substance (materially) and formally.

scholarly journals SPORTS LAW AT THE CURRENT STAGE OF CHANGES AND REFORMS OF THE CURRENT LEGISLATION OF UKRAINE

2020 ◽  
pp. 29-34
Author(s):  
T.A. Kobzeva ◽  
I.O. Kulish
Keyword(s):  
Social Life ◽  
Criminal Liability ◽  
Legal Regulation ◽  
Physical Culture ◽  
Law Firm ◽  
Sports Law ◽  
Management Culture ◽  
Political Processes ◽  
Domestic Legislation ◽  
Good Signal

By the beginning of the new millennium, a common understanding of the role and place of sport in the state, society and personality had developed in the world’s leading countries. Being an integral part of social life, sport is often called the socio-economic phenomenon, one of the most important parts of the foundations for building modern social values and culture. Sport is a social phenomenon that has a tremendous impact on various spheres of society: economy, management, culture, education, international relations, political processes, and, most importantly, the nation’s health. Today, the country is in a fragile phase of development and change. We have never before been able to change the internal situation and system. But it is important to focus not only on general issues but also on more everyday ones such as sports. The level of development of sport is always an indicator in the world of the country’s development on the international stage, the health of the nation and its spiritual and patriotic filler. Today, sports law in the country is just beginning to develop and become established, but it can already be seen that almost every leading law firm in the country provides services in the field of sports law separately. Unfortunately, there is almost no legal regulation in the field of sports in Ukraine. Recently, however, both administrative and criminal liability have been introduced for some violations, which is a good signal. It is necessary to cover the analysis and improvement of the legislation, because only in this way will the legal and actual development of the industry be achieved. The analysis of national and foreign legislation, works of scientists is carried out in this work, and directions of further reformation and development of the field of sports and physical culture are developed. The correlation of the norms of the domestic legislation with the norms of the international legislation and the introduction of the necessity of introducing our state into the international sports institutions are also analyzed. Developing approaches will help develop amateur and professional sports, take another step in the fight against corruption and improve society. Keywords: sports, sports law, international sports law, physical culture, Olympic Committee, doping, administrative management, corruption, health.

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