Critica contractului inteligent. O scurtă analiză a algoritmilor contractuali

Abstract

This research aims to highlight the criticisms of smart contracts, showing that although they automate transactions and eliminate intermediaries, they are not legally equivalent to traditional contracts. Smart contracts are, in fact, computer algorithms that execute predefined instructions and are not endowed with intelligence or a will of their own. It also points out that there are risks related to civil liability and the fairness of applying penalties in an automated manner, often favoring the stronger party in the contract. The study points out that giving legal personality to these new technologies is legally unrealistic and that liability for damages caused by the use of computer programs must remain with the producers and users.