Smart Contracts: Some Clarifying Remarks From a German Legal Point of View

Author(s):  
Dimitrios Linardatos
Lex Russica ◽  
2021 ◽  
pp. 101-117
Author(s):  
S. L. Furnari

This article analyzes two of the last innovative financing instruments of the crowdfunding family: Initial Coin Offering (ICO) and Initial Exchange Offering (IEO). Having both a potential financial nature, they will be addressed as «sons» of Equity-based Crowdfunding (EBCF). The main scope of this paper is to show opportunities and dangers of ICO and IEO through a comparison with EBCF. Indeed, at the end of the analysis it will be possible to understand if ICO and IEO can be considered as positive evolution of EBCF or — at least one of them — can be considered so dangerous to appear as a sort of «involution».In order to answer our question, the discussion firstly focuses on EBCF, the innovative financing instrument being one of the most important figures of the «crowdfunding family». Its importance lies in its financial nature that makes this instrument different from the other models (meaning the donation, reward and lending). Participating in an EBCF-campaign, indeed, lets participants become shareholders of the company they are giving money to. So, the main pros and cons of the participation in an EBCF campaign will be disclosed. In particular, granting easier access to capitals together with the possibility to benefit from the so-called «wisdom of the crowd» allowed EBCF to become one of the most innovative financing tools of our age. However, these advantages need to be mitigated with the main risks occurring during a crowdfunding campaign. These are: moral hazard and frauds, arbitrary exclusion during pre-emptive screening by platform and, last but not least, illiquidity.Therefore, the discussion moves to the technological advanced new entry of the crowdfunding family, meaning ICO and IEO. In order to understand why ICO and IEO are so similar to EBCF, both the main characteristic of these instruments will be described. With reference to ICO, first of all this article provides a brief description of the technology that makes this innovative financing tool the advanced «son» of EBCF. Indeed, through the launch of an ICO, a company asks the crowd a precise amount of money in exchange of a «token»: an informatic instrument through which the participant may exercise also some financial rights towards the company. From this point of view, an ICO-campaign is very similar to an EBCF one, lying the main difference in the technological solutions used, the queen on those is blockchain. Furthermore, ICO characteristic will be outlined in order to disclose its functioning — meaning the relation with blockchain and smart contracts — and the different models of tokens.After that, also IEO will be described. IEO could be considered one of the last variants of ICO. The main difference, indeed, lies in the fact that IEO campaigns are not conducted in the website owned by the company but in a specific platform, that is a crypto-asset exchange.The exam of ICO and IEO potentialities (i.e. programmability, disintermediation and tokenization) will highlight how ICO and IEO may solve most of the mentioned EBCF cons. This will lead to the potential consideration of ICO and IEO as evolution of EBCF. However, also ICO and IEO cons will be highlighted (meaning lack of transparency, not clear regulatory regime and, for IEO in particular, dangerous proximity with investors and potential conflict of interest). From the comparison between ICO and IEO pros and cons it will be possible to discuss on if we are really in front of two evolution of EBCF or nearer to an «involution» of this instrument, considering regulatory solutions in order to avoid this second scenario.


2019 ◽  
Vol 15 (3) ◽  
pp. 32-38
Author(s):  
Elena B. Zavyalova ◽  
Ekaterina I. Shumskaia ◽  
Alexandra I. Shumskaia

Introduction. Smart contracts have become demanded agreements in the modern market with the development of crypto-currency due to their ability to provide and guarantee enforcement. To date they are performed automatically using blockchain technology. Smart contracts are the subject of debate in many countries, primarily because issues have arisen in their legal enactment in the field of regulation of digital assets and the legal recognition of blockchain technology itself, which determined the purpose of this scientific research. For the purpose of a deeper understanding of the essence of this type of agreements, a historical method has been applied in the work on the features of the formation of smart contracts. To identify key differences, a formal legal and comparative analysis of smart contracts with classical contracts in electronic form was carried out. The areas of application of smart contracts in the world and in Russia, such as banking, healthcare, insurance and public services, were also studied.Materials and methods. The methodological basis of the study was made up of the following general scientific and special methods of cognition of legal phenomena and processes, including systemic, historical, formal legal, comparative and analytical approaches.Results. An assessment is made of such contracts from the point of view of the existing civil law of the Russian Federation and further directions for study and development are proposed, including the improvement of the regulatory and institutional environment to maintain legal certainty.Discussion and conclusion. The existing legal regulation does not prohibit the use of smart contracts in the business practices of companies and individuals. But the simplicity of the transaction implementation algorithm built on the blockchain still requires some legal support.


2021 ◽  
Vol 21 (3) ◽  
pp. 107-119
Author(s):  
D. Yu. Nagornykh

In this paper the author’s interpretation of essence and applicability of smart-contracts in economics. Examples are given along with critical view on wrong statements, found in publications on examined topic. Repeating of certain theses from similar papers won’t be redundant, because it will help to observe the topic from different point of view. In general, author gives positive valuation of applicability of smart-contracts technology in economics (both, financial and real sector, despite of some obvious inherent disadvantages of current implementation in Ethereum. In author’s opinion, integration of smartcontracts and blockchain with IoT can give synergetic effect and consider real cyber-social interaction. Certain value to this paper is added by author’s practical experience of coding and adopting smart-contracts. Smart-contracts are mentioned by Bank of Russia with implementation of CBDC (Central Bank Digital Currency) concept in the form of digital rubble and receive additional significance in current trend of dematerialization and virtualization of money. In paper essential terms and author’s point to ability to change contract terms after deploy are given.


Lex Russica ◽  
2019 ◽  
pp. 51-62 ◽  
Author(s):  
O. S. Grin ◽  
E. S. Grin ◽  
A. V. Solovyov

Within the framework of this article, the authors carry out the study of the design of the smart contract in the context of jurisprudence and technical sciences. The paper analyzes the legal nature of the smart contract and the issues concerning the scope of application (in relation to distributed ledger technology).The authors conclude that the category of “smart contract” can be defined in technical and legal aspects. In foreign literature, there are two categories: a legal smart contract and a smart contract code (or smart contract). The smart contract as a technical phenomenon represents a computer code that allows automated fulfillment of obligations. From legal point of view, the approaches to the definition of the smart contract depend primarily on the fact that the authors rely on the possibility of using smart contracts only within the framework of distributed ledger technology or other information technologies. At the same time, the majority of authors share the view that the smart contract exists exclusively in relation to the technology of distributed ledgers, namely, the blockchain. The article proposes to define the smart contract as a standard (special) contractual design — a contract concluded by electronic or other technical means, under the terms of which performance of the obligation is carried out without directed explicit additional expression of will (under Part 2 of Article 309 of the Civil Code of the Russian Federation).The article states that the smart contract cannot be qualified as an independent way of ensuring the performance of obligations. Such qualification is possible only if the functional approach to understanding security is applied. The paper examines the main fields of application of smart contracts and possible risks of their application (in terms of statement of terms of agreements in relation to a programming language; in respect of necessity of compliance with such fundamental principles of civil law as legality, fairness, protection of the weak; the need for communication with public authorities and notaries, as well as risks of using smart contracts in relations involving the participation of consumers). A separate set of questions concerns the protection of the rights infringed due to the use of smart contracts.


2020 ◽  
Vol 1 (5) ◽  
Author(s):  
Matteo Nardini ◽  
Sven Helmer ◽  
Nabil El Ioini ◽  
Claus Pahl

Abstract We propose a framework for building a decentralized electronic marketplace for computing resources. The idea is that anyone with spare capacities can offer them on this marketplace, opening up the cloud computing market to smaller players, thus creating a more competitive environment compared to today’s market consisting of a few large providers. Trust is a crucial component in making an anonymized decentralized marketplace a reality. We develop protocols that enable participants to interact with each other in a fair way and show how these protocols can be implemented using smart contracts and blockchains. We discuss and evaluate our framework not only from a technical point of view, but also look at the wider context in terms of fair interactions and legal implications.


2021 ◽  
Vol 10 (4) ◽  
pp. 1-13
Author(s):  
Marenglen Biba ◽  
Enes Çela

Blockchain is a technology used to immutably and transparently store information that has gained wide popularity due to the use with cryptocurrency, but it is suitable for many other business scenarios. In this paper, the authors deal with carriers providing voice services by exchanging calls with each other. These companies need to transparently store call detail records (CDR) in order to avoid billing discrepancies which can lead to disputes and risk of interruption of services with heavy consequences from the legal point of view. In this paper, the authors present a solution to this problem by using hyperledger fabric to develop smart contracts, which are invoked to store information about each CDR generated. The proposed solution initially stores CDRs before inputting these to the blockchain network. The paper presents experiments with thorough testing on the blockchain network and also some performance improvements. Results show the effectiveness of avoiding disputes by guaranteeing that CDRs are exchanged effectively and immutably without room for ambiguities or misinterpretation.


1962 ◽  
Vol 14 ◽  
pp. 169-257 ◽  
Author(s):  
J. Green

The term geo-sciences has been used here to include the disciplines geology, geophysics and geochemistry. However, in order to apply geophysics and geochemistry effectively one must begin with a geological model. Therefore, the science of geology should be used as the basis for lunar exploration. From an astronomical point of view, a lunar terrain heavily impacted with meteors appears the more reasonable; although from a geological standpoint, volcanism seems the more probable mechanism. A surface liberally marked with volcanic features has been advocated by such geologists as Bülow, Dana, Suess, von Wolff, Shaler, Spurr, and Kuno. In this paper, both the impact and volcanic hypotheses are considered in the application of the geo-sciences to manned lunar exploration. However, more emphasis is placed on the volcanic, or more correctly the defluidization, hypothesis to account for lunar surface features.


1984 ◽  
Vol 75 ◽  
pp. 331-337
Author(s):  
Richard Greenberg

ABSTRACTThe mechanism by which a shepherd satellite exerts a confining torque on a ring is considered from the point of view of a single ring particle. It is still not clear how one might most meaningfully include damping effects and other collisional processes into this type of approach to the problem.


Author(s):  
A. Baronnet ◽  
M. Amouric

The origin of mica polytypes has long been a challenging problem for crystal- lographers, mineralogists and petrologists. From the petrological point of view, interest in this field arose from the potential use of layer stacking data to furnish further informations about equilibrium and/or kinetic conditions prevailing during the crystallization of the widespread mica-bearing rocks. From the compilation of previous experimental works dealing with the occurrence domains of the various mica "polymorphs" (1Mr, 1M, 2M1, 2M2 and 3T) within water-pressure vs temperature fields, it became clear that most of these modifications should be considered as metastable for a fixed mica species. Furthermore, the natural occurrence of long-period (or complex) polytypes could not be accounted for by phase considerations. This highlighted the need of a more detailed kinetic approach of the problem and, in particular, of the role growth mechanisms of basal faces could play in this crystallographic phenomenon.


Author(s):  
T. E. Mitchell ◽  
M. R. Pascucci ◽  
R. A. Youngman

1. Introduction. Studies of radiation damage in ceramics are of interest not only from a fundamental point of view but also because it is important to understand the behavior of ceramics in various practical radiation enyironments- fission and fusion reactors, nuclear waste storage media, ion-implantation devices, outer space, etc. A great deal of work has been done on the spectroscopy of point defects and small defect clusters in ceramics, but relatively little has been performed on defect agglomeration using transmission electron microscopy (TEM) in the same kind of detail that has been so successful in metals. This article will assess our present understanding of radiation damage in ceramics with illustrations using results obtained from the authors' work.


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