SMART CONTRACTS: BLOCKCHAIN AND THE REFRAMING OF PACTA SUNT SERVANDA: Smart contracts: blockchain and resignification of pacta sunt servanda
This article aims to analyze the figure of smart contracts under the principle of obligatory force of contracts, in a way that could determine a potential reframing of “pacta sunt servanda” against them. Therefore, its pursuit to conceptualize and categorize the blockchain and smart contracts to tho...
| Autores: | , |
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| Tipo de recurso: | artículo |
| Estado: | Versión publicada |
| Fecha de publicación: | 2024 |
| País: | Brasil |
| Institución: | Pontifícia Universidade Católica do Paraná (PUC-PR) |
| Repositorio: | International Journal of Digital Law |
| Idioma: | portugués |
| OAI Identifier: | oai:journal.nuped.com.br:article/1268 |
| Acceso en línea: | https://journal.nuped.com.br/index.php/revista/article/view/1268 |
| Access Level: | acceso abierto |
| Palabra clave: | Blockchain Smart Contract Pacta sunt servanda Direito Digital Contratos Administrativos Digital law Administrative Contracts |
| Sumario: | This article aims to analyze the figure of smart contracts under the principle of obligatory force of contracts, in a way that could determine a potential reframing of “pacta sunt servanda” against them. Therefore, its pursuit to conceptualize and categorize the blockchain and smart contracts to thoroughly examine their effects in Law and the traditional contract. After that, a brief historical contextualization of the obligatory force of contracts will be made, pointing to the different conceptions over time, and making a comparative analysis with the new digital instruments. In addition, it will be presented systematically, with applications in a global context and afterward in Brazilian reality. It was adopted in this research the bibliographical reference methodology, using articles, books, and works that deal with the subject, and the Brazilian legislation. From the research, it is concluded that the Smart Contract is an option with the capacity to significantly reduce the costs of transactions and the inherent risks of some operations, however, due to actual limitations of programming, it would be a viable option to simpler contracts and niche areas, which, however, can be advantageous to public entities, within the scope of its Blockchain network and its digital token. |
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