Abstract
For some time now, blockchain technology has been used for many purposes all over the world. The question arises – how do we regulate proving facts in a dispute between agreement parties when they use self-executing contracts? The answer to this question is explored in this research in the context of civil issues. Furthermore, the Polish law has introduced a new tool in the form of a ‘contract of evidence’ (similar to the parol evidence rule) which may increase the popularity of smart contracts. The research methodology is based on the analysis of the two existing regulations from the Civil Procedure Code and the Commercial Code. Moreover, legal scientific studies that indicate the risks associated with using self-executing contracts in such a way will be analysed. All efforts have been taken to obtain conclusions regarding the future of this type of solution in Poland and Polish smart cities.
Highlights
For the last few years, smart contracts have become the subject of increasing interest of political decision-makers, among others, who obviously show strong interest in this kind of novelty, but what is more important in this case is that, at the same time, they are undertaking the necessary measures to introduce legal regulations connected with it
The countries that are at the forefront of scientific publications on smart contracts are first and foremost the ones which have officially developed or are observing and planning to develop a possible kind of regulation for the blockchain industry
In accordance with the recommendations appearing in the literature dealing with the issue of smart contracts, the work first of all assumes the approximation of the diversity of approaches in defining smart contracts
Summary
For the last few years, smart contracts have become the subject of increasing interest of political decision-makers, among others, who obviously show strong interest in this kind of novelty, but what is more important in this case is that, at the same time, they are undertaking the necessary measures to introduce legal regulations connected with it. In the United States, in turn, at least four states have developed new juridical categories, including smart contracts [1] Such a keen interest of policy makers in this matter should not come as a surprise. The countries that are at the forefront of scientific publications on smart contracts are first and foremost the ones which have officially developed or are observing and planning to develop a possible kind of regulation for the blockchain industry. Among these are countries such as the United States, China, the Russian Federation, South Korea and the United Kingdom. In accordance with the recommendations appearing in the literature dealing with the issue of smart contracts, the work first of all assumes the approximation of the diversity of approaches in defining smart contracts
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