Connessioni funzionali tra smart contracts e disciplina generale dei contratti: criticità ermeneutiche e soluzioni applicative

Abstract

The smart contract is a very particular type of conditional contract, structured on the basis of computer protocols that allow the automatic execution of contractual clauses upon the occurrence of certain events (such as the expiration of a deadline or the exercise of an action). It is generally considered an evolution of the cybernetic contract, where the element of automation of the instructions given is added to the complete disintermediation of the human factor (through specific programs called software agents). For these and other reasons, the validity of smart contracts has been condensed by some doctrines in the concept of "code is law".