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Smart contracts and the issue of jurisdiction

Author

Listed:
  • Michael Laubscher

    (North-West University, South Africa)

Abstract

Smart contracts are becoming increasingly more part of our society and there is a definite rise in the acknowledgement of a smart contract as a contract. One of the aspects to consider when a contract is entered into, is the issue of jurisdiction. This can be problematic when dealing with smart contracts. There seems to be a conflict between the specific rules of law which govern jurisdiction and the emerging technology that a smart contract uses. When dealing with contract interpretation, jurisdiction is one of the first aspects that is analysed, discussed and applied. Interpretation of so-called traditional contracts have well-established rules and principles with regard to jurisdiction, but there seems to be a number of grey areas when it comes to this same aspect when dealing with smart contracts.

Suggested Citation

  • Michael Laubscher, 0000. "Smart contracts and the issue of jurisdiction," Proceedings of International Academic Conferences 14216076, International Institute of Social and Economic Sciences.
    • Handle: RePEc:sek:iacpro:14216076
    as

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    More about this item

    Keywords

    jurisdiction; smart contracts; rules; location; domicile;
    All these keywords.

    JEL classification:

    • K12 - Law and Economics - - Basic Areas of Law - - - Contract Law
    • K30 - Law and Economics - - Other Substantive Areas of Law - - - General
    • K39 - Law and Economics - - Other Substantive Areas of Law - - - Other

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