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Author Topic: ...smart contracts cannot be enforced in a court of law is supposition  (Read 1284 times)
bitcoinsolicitor (OP)
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Bitcoin Lawyer in Kensington, London


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April 05, 2016, 09:19:57 PM
 #1

https://medium.com/@lawyer/the-definition-that-smart-contracts-cannot-be-enforced-in-a-court-of-law-is-supposition-2fd13fbdca2e#.hfhi18vdn
Capaccioli
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April 07, 2016, 06:16:26 PM
 #2

I partially agree on Your post.

Partially, because I think that there does not exist a "smart contract" without a CONTRACT. Under my interpretation smart contracts ARE NOT contracts (I hope to publish soon both in Italian - already sent -  and in English - translation in progress).

So while smart contracts cannot be enforced by law, UNDERAGREED CONTRACT could be enforced!

The real problem is for contract between pseudos: in this case there is a big problems for the identification of the PLAINTIFF and/or the DEFENDANT.

 

European Central Bank
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April 07, 2016, 11:45:25 PM
 #3

Ain't there a whole section of society that wants zero to do with lawyers and'll do anything to avoid them? Smart contracts fulfill that need and they're not gonna care what the law thinks. They'll take care of it themselves.
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