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https://www.lawcom.gov.uk/project/smart-contracts/ https://www.lawcom.gov.uk/project/smart-contracts/ You are a little behind the times on the status of digita
by leashless 3y ago
https://www.lawcom.gov.uk/project/smart-contracts/ https://www.lawcom.gov.uk/project/smart-contracts/
You are a little behind the times on the status of digital signatures, smart contracts etc.
Our project
The Law Commission was asked by the Lord Chancellor to include work on smart legal contracts as part of our Thirteenth Programme of Law Reform. In November 2019, the UK Jurisdiction Taskforce (“UKJT”) published its legal statement on cryptoassets and smart contracts. The UKJT Legal Statement concluded that, in principle, smart contracts are capable of giving rise to binding legal obligations, enforceable in accordance with their terms.
Following this, the Ministry of Justice asked us to undertake a detailed analysis of the current law as it applies to smart legal contracts, highlighting any uncertainties or gaps, and identifying such further work as may be required now or in the future.
Advice to Government
We published our advice to Government on smart legal contracts on 25 November 2021. It was informed by the detailed responses we received to the call for evidence, published in December 2020.
We have concluded that the current legal framework in England and Wales is clearly able to facilitate and support the use of smart legal contracts, without the need for statutory law reform.
- ross_st 3y agoUm, okay? None of that refutes anything I said in my summary of the Smarter Contracts report. All the Law Commission essentially said is that there doesn't need to be any new legislation created for the courts to be able to deal with what they call 'smart legal contracts'. In their summary report the Law Commission also said: "Solely code smart legal contracts are likely to be rare in practice, given that commercial contracts are typically too nuanced to be reduced solely to code." Their definition of a 'smart legal contract' includes traditional natural language contracts in which the implementation of some of the aspects is automated by code. Note also that in this context, 'code' is not confined to 'smart contracts' on blockchains. A web server that automates some contractual activities by connecting with an API, for example, would count as part of a 'smart legal contract' by the definition that the Law Commission is using here. I'm not sure what point you're actually trying to make by linking me to this Law Commission report. Maybe my brain is just not wide enough / too deep to understand? But if you're trying to convince me that the Law Commission said that we're increasingly going to be using blockchain smart contracts for things, you're seriously misrepresenting the conclusions of their paper.