| Popis: |
The current article deals with a performance of obligations arising from a smart contract. Author considers the possibility of legal definition of such a performance and application of a previously expressed consent in these circumstances. It is proved that the performance of obligations from a smart contract has its own legal characteristics that differ from what is described in the Civil Code of the Russian Federation as for performance of obligations, and is automated. Using the category «automated performance» the author refers to Russian bills and foreign acts on smart contracts. The author is to offer the following definition for practical use of smart contracts: «performance of obligations as well as using, modifying and ending of rights can be done automatically on the basis of electronic algorithm confirmed by parties by previously expressed consent with the provisions of a contract». The author also analyses the newest Russian and foreign practice as for performance of obligations from a smart contract, and courts positions if there is an omission in a smart contract. |
