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What is Formalities

Legal Regulations, Implications, and Issues Surrounding Digital Data
Requirements which must be complied with in order to constitute as valid contract.
Published in Chapter:
Smart Contracts: An Overview
Michael Casparus Laubscher (Faculty of Law, North-West University, South Africa) and Muhammed Siraaj Khan (Faculty of Law, North-West University, South Africa)
DOI: 10.4018/978-1-7998-3130-3.ch007
Abstract
When Nick Szabo pioneered the idea of a smart contract in the 1990s, the economic and communications infrastructure available at that time could not and did not support the protocols needed to execute and apply smart contracts. While smart contracts may be viewed as an example of the use of blockchain and blockchain technology which offers great opportunities to the field of law; others are more sceptical. The use of smart contracts in law is anything but straightforward, but this should not deter jurists from investigating the opportunities this instrument offers. This chapter aims to provide an overview of smart contacts, explaining how they work, the ways they differ from written contracts, their legal status, and the advantages and disadvantages associated with using them. Finally, it identifies the main challenges facing businesses and the legal profession with regard to the expanding use of smart contacts.
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