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From a legal perspective, this is very interesting. The concept of escrow has existed for centuries I suppose. It needs three parties, A (origin), B (escrow) an
by mrleiter 8y ago
From a legal perspective, this is very interesting. The concept of escrow has existed for centuries I suppose. It needs three parties, A (origin), B (escrow) and C (destination). An escrow is only needed, because A and C don't trust themselves enough. Trust is a basic necessity in any contract and providing trust is a extremely valuable service.
In (Austrian) civil law, there is something called "acquisition in good faith", which allows a third person under certain circumstances to lawfully acquire full and unrestrained ownership of a good from someone who does not have the rights to transfer full and unrestrained ownership of said good.
Example: A wants to sell a laptop to C, but doesn't trust him until he has fully paid the price. They agree to use an escrow agent B. A gives B the laptop and C gives B the money/price. Now what happens if B doesn't acts in bad faith and decides to sell the laptop to the third party T? Well, if T isn't colluding or doesn't have to suspect that B is acting in bad faith, he (under certain conditions, that are most likely met in this case) can acquire full and unrestrained lawful ownership of that laptop. A is only left with claims on account of unjust enrichment against B, but has zero chance of getting his laptop back if T refuses to give it back. In that case it may not be problematic, because A only wanted the money, although he now has to take B to court and B maybe insolvent and so forth. The problem is more poignant if the laptop wasn't a laptop, but something very unique that has no equivalent monetary worth.
And here smart contracts help: they make it impossible to transfer certain goods before certain conditions have been met. The ensure trust. That's why I believe this technology is very valuable.
tl;dr: smart contracts are very valuable, because the ensure trust.
- buboard 8y agoThe escrow used to be a trusted third party though. Blockchain moves the "quantity of trust previously assigned to the escrow agent" to the two parties. If one party disputes for some reason the algorithm this can't be settled automatically. With a trusted human escrow agent, an abnormal situation would probably end with him sharing part of the blame , which help resolve the conflict in a way that is not fair, but surely blame-able. There is nobody to blame with a machine though.