Smart Contract: Theoretical Basis and Application Dialectic
DOI:
https://doi.org/10.35246/jols.v38i1.605Keywords:
Block Chain, Smart Contracts, Legal Applications, UAEAbstract
This study focuses on the relationship of the smart contracts and legal application in the field of civil and commercial contracts. The study aimed to anticipate the possibility of issuing a new law in the future, Nowadays, smart contracts t is a legal challenge that cannot be ignored, Despite the UAE legislator’s interest in artificial intelligence technologies and studying them from the legislative aspect, especially in the field of self-driving cars and the use of robots, and looking forward to a global leadership in the field of Block chain, it is still early to talk about bringing the Block chain to the ground of legislative reality in light of the challenges and risks arising from many challenges that We discussed them in this comparative study with international trends towards the legality of the work of the block chain. To clarify this issue, we write this research paper in order to discuss the challenges and legal difficulties, Therefore, this prompted us to focus more on applying Blockchain technology to law and transactions more precisely. This led me to pose the problem of the appropriateness of current legislation to accommodate Blockchain technology and the legal problems that it can cause on a realistic level. In addition to the availability of confidence and security to accelerate the legislative pace in the Blockchain to keep pace with the developments of what (Blockchain) offers in our contemporary legal life. we made recommendations aimed at addressing these legal challenges to contribute to addressing them.
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References
- Arabic References
i. Ibrahim El- Desouki aboellail (2020) (Smart and Artificial Intelligence and their role in the automation of contracts and legal acts: Study of the role of scientific progress in the development of contract theory) ALhogog journal, AL Kuwait University.
ii. Maamar Bentria, (2019). (Smart Contracts on Blockchain: What challenges for Existing Contract Law? Kuwait International Law, Issue4, part 1,
iii. Khadair Abas Mishaan, The electronic mediator between the legal person and simply considering it as a communication tool, Journal of the Iraqi University, vol 50, p: (289-301)https://www.iasj.net/iasj/issue/13593
iv. Sarhan, Adnan Ibrahim (2022) "The mechanism for emergency conditions in the new French contract law," Journal Sharia and Law: Vol. 2022: No. 90, Article 1. Available at: https://scholarworks.uaeu.ac.ae/sharia_and_law/vol2022/iss90/1?utm_source=scholarworks.uaeu.ac.ae%2Fsharia_and_law%2Fvol2022%2Fiss90%2F1&utm_medium=PDF&utm_campaign=PDFCoverPages
v. Fatima Sabea, (2019) Blockchain technology application trends in the Gulf countries, (Derasat, Bahrain Center for strategic, International and Energy studies.
vi. Sebaa Ahmed Saleh & Yousifi Mohamed& Omer Melouki, (2018) AI application at the international level, United Arab Emirates as a model, Al miadeen journal , Algeria, University of Algeria, Link: http://search.mandumah.com/Record/1064325 .
vii. Mohammad A. Al Khatib, ,(2020) ) Smart Contracts … Credibility and Methodology: In-depth Critical Study in Philosophy and Originality(Kuwait International law school journal,vol2. https://search.mandumah.com/Record/1100372
- English References
viii. Andre, Janssen, (2018). "The formation of Smart Contracts and Beyond: Shaking the Fundamentals of Contract Law" https://www.researchgate.net/publication/327732779 1-27.
ix. Lutz- Christian wolf, (2019). "Artificial Intelligence ante portas: The End of Comparative Law?" The Chinese Journal of comparative Law, Vol. 7 No. 3 pp. 484–504 doi:10.1093/cjcl/cxz020 484-504.
x. Georgios Dimitropoulos, (2020) “The Law of Block chain" Washington Law Review, https://www.researchgate.net/publication339998624 1-71.
xi. Nick Szabo, (1997). "Formalizing and securing Relationships on public Networks", volume2, http: Journals.uic.edu/ojs/index.php/fm/article/download/5481469fiRstmond@y 1-21
xii. Dariusz Szostek, (2019) “Block chain and the Law", The Deutsche National bibliothek, Germani http://www.researchgate.net/publication/331775963/NOMOS .1-159.
xiii. Zhwan M. Khalid, Shavan Askar, Tarik A. Rashid, (2021) "Block chain for securing IOT devices" A review, International Journal of Science and Business, Volume5, Issue 6, http://ijsab.com/ijsb 210-224.
xiv. S.H. Spencer Comton and Diane Schottenstein, (2017) "Block chain Technology and its Applicability to the practice of Real Estate Law." New York state Bar, NY Real Property Law Journal, 14-17.
xv. Global Block chain Market in Retial2017-2025,(2017)- Research and markets LexisNexis, Contify Retail News.
xvi. Bryce Suzuki, Toldd Taylor &Gray Marchant",(2018) Future Breath: Block chain: How it will change your legal practice" Arizona Attorney, LexisNexis,).
xvii. Medteach Insight, (2018)"Block chain: The Answer to Medteach Traceability?" Medteach Insight, R Lexis Nexis, Enter the website:22/4/2018.
xviii. Muneer khan & Samir Safar Aly, (2018) (Emirates Law Business & Practice vol. 09, "Crypto Currencies AUAE Perspective" 43-35.
xix. Francina Cantatore, Kate Galloway, (2021) Louise Parsons, "Integrating Technology to Increase Graduate Employability Skill: A block chain Case Study in Property Law Teaching, Legal Education Review", Volume31, Issue1, https://ler.schoolasticahq.com/, 1-25.
xx. Eric ALston "Block chain and the Law- Legality, Law. Like Characteristics and Legal Applications" University of Colorado Boulder, Research gate, (2021)1-34.
xxi. Sarke Daily News, (2018) "Public Register plans to Introduce smart contracts in Real Estate Registration", Lexis Nexis R Academic: Document,
CONFERENCES, SYMPOSIUM:
xxii. Zharova A(nna); Elin, V(ladimir) & Peanfilov, P(eter), (2019) "Introducing Artificial Intelligence into Law Enforcement Practice: The Case of Russia", "dates of the 30th DAAAM International Symposium, On Intelligence into Law Enforcement Practice: The Case of Russia (Ed)) Published by DAAAM International, Vienna, Austria 0688-0692.
xxiii. Harshita, Shreyas, Athang, Sukhada, (2020) "Land Record Maintenance using Block chain", IC-BCT 2019 Proceedings OF The International Conference on Block chain Technology, Springer Nature Singapore Pte Ltd. https://doi.org/10.1007/978-981-15-4542-9_17 205-258.
Work Shop
xxiv. Saif Alswade (The Blockchain Technology and The Digital Transformation) ARID Platform Arab Research ID, YouTube, lecture. 16/2/2022.
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