Methods of Resolving Disputes Arising from Smart Contracts

Lex Russica, Journal Year: 2020, Volume and Issue: 4, P. 9 - 20

Published: April 14, 2020

With the rapid development of new technologies taking place during 4th Industrial Revolution, types disputes significant specificity have gradually begun to emerge. Among such cases a special category has been formed by arising from smart contracts based on block chain technology. There are two possible ways resolve disputes. Under first approach, they subject consideration traditional arbitration institutions, guided usual rules and guidelines (blockchain arbitration). The second approach involves need create innovative applications blockchain technology designed in digital decentralized environment ( Such applications, turn, divided into groups. group consists projects involving creation combining advantages international commercial technology; includes establishment quasi-judicial system for dispute resolution. paper attempts analyze most interesting related each listed groups assess prospects their development. Based results analysis, author comes conclusion that implementation will lead emergence many issues (among which problem choice applicable law, determination arbitration, arbitrability, as well possibility recognition enforcement awards made arbitral tribunal). influence technologies, is gaining direction its In future, require not only rationalization existing resolution mechanisms, but also fundamental rethinking.

Language: Английский

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Difficulties in Principle of Good Faith Implementation in the Conditions of Digitalization of Civil Turnover

Lex Russica, Journal Year: 2023, Volume and Issue: 76(6), P. 128 - 137

Published: June 15, 2023

The author examines the essence, features of implementation, and prospects transformation content good faith principle in connection with need to regulate civil relations digital environment. In particular, based on historical doctrinal aspects, concludes that principles appliesin context current legislation. claims this category is a law, despite doubts some researchers. At same time, conscientiousness most important evaluation domestic elevated rank basic Based results consideration individual model real-world examples from practice, remains an actual necessary tool can be used both legislative law enforcement activities when solving legal problems regulation related use technologies. case, specific may identified. They are particular as follow. There increase standard providing information counterparty (in environment, requirements for information, well its content, become higher). future, it possible tighten consequences failure provide paragraph 3 Article 307 Civil Code Russian Federation (clearly not reported during «live» interaction, example, about obvious shortcomings product. However, situation different online space. It consider site interface circumstance affecting assessment behavior regard, font, colors, distractions subject evaluation).

Language: Английский

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INTELLECTUAL PROPERTY PROTECTION IN THE FIELD OF VIRTUAL AND AUGMENTED REALITY TECHNOLOGIES (VR, AR)

Вестник Пермского университета Юридические науки, Journal Year: 2020, Volume and Issue: 49, P. 502 - 523

Published: Jan. 1, 2020

Introduction: the article is focused on analysis of relations in field digital technologies, specifically virtual and augmented reality (VR, AR). The progress these especially context limited real contacts during pandemic, their wide application different spheres make it necessary to create relevant legal framework. One most important issues correlation between mechanisms for VR/AR technologies rules protection intellectual rights results activity property designations. discusses specific features regime technologies; studies peculiarities smart contracts as applied transactions; defines types objects used within question protection; attempts develop designations considered sphere. Purpose: identify Russian foreign regulation law enforcement practice with regard arising connection use objects, well created through using protected by rules. Methods: dialectical, formal-logical, functional other general scientific research methods, special methods: comparative formal-legal. Results: existing bases formation its functioning have been studied. On basis experience, comparative, formal analysis, there identified: possibilities introducing separate elements provided such VR/AR; relation transactions property; problems authors holders. Conclusions: having analyzed history approaches developed practice, we came a conclusion that today are all prerequisites determination certain (with both received product technologies), which particularly concerns way patent objects. For instance, accordance subitem 1 Item 2 Article 1358 Civil Code Federation, importation into territory manufacture, application, offer sell, sale, introduction civil circulation or storage purposes an invention utility model industrial design be infringement exclusive right invention, design. Here arises what extent falls under category ‘product’. To solve problem accounting products, apply expansive interpretation mentioned categories, can implemented Administrative Regulations defined new method Code.

Language: Английский

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Obligations in the Digital Environment: Legal Doctrine

Legal Issues in the Digital Age, Journal Year: 2024, Volume and Issue: 5(3), P. 4 - 30

Published: Oct. 2, 2024

Aspects of cross-sectoral influence on the spheres private and its public regulation construct obligation in digital environment using example utility rights. Specific relationships form exercise rights under derivative financial instruments, including an contract between a forex dealer individual, others that involve technical electronic means. Provisions changing norms Russian Federation Civil Code regarding new objects civil rights: rights, instruments or their analogues — obligations. The criteria for are considered conclusions formulated about possibility identifying properties obligation: reciprocity, conditionality, potestativeness. A special element is highlighted relation to obligations environment. Obligations presented as category indefinite obligations, based contract. results action Federal Law No. 34-FZ, well legislation general practice terms determining legal status participants relations analysed. information intermediary determines it does not have right refer conditions exemption from liability violation intellectual Article 1253.1 will be involved compensation damage grounds common entrepreneurs, provided 401.

Language: Английский

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Advantages and disadvantages of smart-contracts as the basis for the emergence of ownership

National Technical University of Ukraine Journal Political science Sociology Law, Journal Year: 2021, Volume and Issue: 3(47), P. 101 - 105

Published: Jan. 29, 2021

The article examines the concepts, legal nature of smart contracts, as well advantages and disadvantages contracts a basis for ownership. technical aspect concept contract is considered. Models using are described. Approaches to determining presented. It concluded that two models must be considered when contracts. first model external, program code does not replace agreement, but only automates its execution. second internal, completely or partially replaces terms agreement. Among grounds emergence property rights can identified, all, inability change interference in work. However, at same time, this feature disadvantage contract, it allow take into account objective circumstances may affect implementation problem oracles also noted use actually means involvement third party transaction with all risks arise from it. involving notaries state registrars transactions on acquisition analyzed. problems lack regulation particular, related transnational nature, investigated. protection parties analyzed, errors outside interference. Temporary solutions regarding general recommendations legislative definition proposed.

Language: Английский

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Foreign civil doctrine of smart contracts

SHS Web of Conferences, Journal Year: 2022, Volume and Issue: 134, P. 00016 - 00016

Published: Jan. 1, 2022

The article is devoted to a topic of great scientific and practical importance in the modern context creating digital economy ecosystemб smart contract phenomenon. focuses on foreign civilistic doctrine study. main discussion questions about legal technological nature contract, ways its implementation current law each country, approaches national legislators solving this issue functional are considered. disputable problems problem contract. also involves comparative aspect: it analyzes Russian legislator representatives domestic place pandect system civil comparison with systems settlement similar issues. It noted that using positive experience contracts regulation should be taken into account when correcting regulatory platform Federation. evaluates innovation Part 2 Article 309 Civil Code Federation (RF CC). description given developers positions Explanatory Note relevant draft law; investigation performed terms used version RF CC regard electronic form deal In addition, raises well known doctrine: computer code credibility distrust counterparties other. Attention paid advantages which discussed by scientists, as other related sciences. conclusion article, findings demonstrate authors’ view issues considered article.

Language: Английский

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Application of Smart Contracts and Blockchain Platforms in Cross-Border Oil and Gas Transactions: Aggravation of Conflict-of-Laws Problem

Actual Problems of Russian Law, Journal Year: 2020, Volume and Issue: 15(6), P. 84 - 94

Published: July 11, 2020

Modern international hydrocarbons turnover is becoming more autonomous and decentralized. This process facilitated not only by the introduction into contractual practice of such network technologies as smart contracts blockchain platforms, but also wide dissemination sources non-governmental regulation (lex petrolea). In context paradigm private law, classic problem conflict laws exacerbated. The author considers conflict-of-laws aspects use based on technology in cross-border oil gas transactions, taking account fact that computer algorithms does create a new contract, special form transaction. Such “automated” transactions sector involving multiple jurisdictions uncertainty their legal regime. absence comprehensive substantive regulation, connection with phenomenon lex petrolea, method predominates. shares his reasoning concerning possibility extending application Regulation No. 593/2008 European Parliament Council Union “On Law to be Applicable obligations (Rome I)” contracts. concludes existing quite applicable transactions. Another question whether which virtue rule, provides for an appropriate basis. To date, legislation has been passed several American states. It predicted future, law will determine contracts, guide disseminating positive experience different countries.

Language: Английский

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Regulation of Consumer Risks when Concluding and Executing a Smart Contract

Actual Problems of Russian Law, Journal Year: 2020, Volume and Issue: 15(11), P. 180 - 189

Published: Nov. 29, 2020

The paper analyzes the legal status of consumer when concluding and executing a smart contract. author proves existence special risks for citizens associated with conclusion execution In particular, considers risk consumer’s misunderstanding terms contract, difference between contract set forth in natural language, including conditions that infringe on rights (unfair contractual terms), as well manifestations regulatory operational relation to Currently, Russian Federation, most foreign jurisdictions, there are no mechanisms aimed at protecting from these risks. “general” protection existing jurisdiction insufficient. Considering this, proposes each minimizing its implementation negative impact citizen. following risk-oriented approach regulating relations participation is proposed. A citizen can conclude transactions using subject legislative limitation his potential losses under transaction (limiting price) introduction proposed regulation discussed paper.

Language: Английский

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Citizens’ digital infrastructure as a new element of modern society critical infrastructure

Published: Nov. 23, 2020

Widespread digitalization of the modern society - emergence digital devices, introduction Internet Things, development Big Data processing and other technologies result in new challenges. Not only industrial corporate automation that has already been considerably covered by legislation initiatives but also everyday life started to constitute a critical infrastructure society. This largely happens because devices substituting traditional owned citizens are incorporated into corporate, financial state business processes. For instance, citizens’ becoming source primary data for energy utility companies. More opportunities direct interaction solutions between themselves resulting controversial synergy effect have emerging recently. The article addresses specifics light infrastructure, particular necessity special aspects legal regulatory framework possible trends this functionality.

Language: Английский

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TOWARDS THE HARMONISATION OF THE INITIAL COIN OFFERING RULES: COMPARATIVE ANALYSES OF THE INITIAL COIN OFFERING LEGAL REGULATION IN THE USA AND THE EU

International Comparative Jurisprudence, Journal Year: 2022, Volume and Issue: unknown

Published: Jan. 1, 2022

This article consists of a comparative study approaches to crypto-assets in the USA and EU, as well an exploration reasons behind such differences. These two jurisdictions vary dramatically their history, economy legal systems. Therefore, differences regulation regarding Initial Coin Offering are be expected. Doctrinal comparisons rarely shed light on way that law actually operates, but necessary answer question why countries do not enact similar Offering. leads conclusion that, both jurisdictions, there exists no certainty. Meanwhile, failure either United States or European Union regulate market effectively will have spill over effects for other jurisdictions. There is, therefore, urgent need strengthening international standards crypto assets. this intends contribute search necessary, appropriate, transnational chart contemporary landscape Offerings. The most favourable form convergence should provide increased certainty while protecting consumers fostering substantial investment innovation.

Language: Английский

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