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Smart Contracts – How will Blockchain Technology Affect Contractual Practices?

Author

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  • Lauslahti, Kristian
  • Mattila, Juri
  • Seppälä, Timo

Abstract

Unlike conventional contracts established through speech, written words, or actions, smart contracts are algorithmic, self-executing and self-enforcing computer programs. In this article, we analyze smart contracts from the perspective of digital platforms and the Finnish contract law. We examine how well the formation mechanisms of the general principles of contract law can be applied to the new technological framework of smart contracts. In addition, the adoptability of smart contracts as a part of our current legislation is evaluated on the basis of this analysis. We find that instead of a clearly defined single use case, smart contracts can be applied in a multitude of different ways, with highly varying goals and circumstances. We conclude that at least in some cases, smart contracts can create legally binding rights and obligations to their parties. The mechanism best suited for describing the formation of a smart contract seems to be analogous to a vending machine where the declaration of intent is implicitly expressed by performing contractual obligations. Contracts have not been formerly percieved as a technical boundary resource in the sense that platform ecosystems could foster broader network effects by opening their technical contracting interfaces to third parties. Smart contracts are an example of the new kinds of technology-enabled contracting practices to which companies and public policy makers should start preparing well ahead of time. However, due to the relative immaturity of the smart contract technology, the number of current real-world applications is still very limited. The evolution of digital platforms requires an approach with a combination of technological, economic and legal perspectives.

Suggested Citation

  • Lauslahti, Kristian & Mattila, Juri & Seppälä, Timo, 2016. "Smart Contracts – How will Blockchain Technology Affect Contractual Practices?," ETLA Reports 57, The Research Institute of the Finnish Economy.
    • Handle: RePEc:rif:report:57
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    Cited by:

    1. Seppälä, Timo & Mucha, Tomasz & Mattila, Juri, 2023. "Beyond AI, Blockchain Systems, and Digital Platforms: Digitalization Unlocks Mass Hyper-Personalization and Mass Servitization," ETLA Working Papers 106, The Research Institute of the Finnish Economy.
    2. Hukkinen, Taneli & Mattila, Juri & Seppälä, Timo, 2017. "Distributed Workflow Management with Smart Contracts," ETLA Reports 78, The Research Institute of the Finnish Economy.
    3. Mattila, Juri & Seppälä, Timo & Lähteenmäki, Ilkka, 2018. "Who Holds the Reins? – Banks in the Crossfire of Global Platforms," ETLA Reports 86, The Research Institute of the Finnish Economy.
    4. Giancarlo Giudici & Saman Adhami, 2019. "The impact of governance signals on ICO fundraising success," Economia e Politica Industriale: Journal of Industrial and Business Economics, Springer;Associazione Amici di Economia e Politica Industriale, vol. 46(2), pages 283-312, June.
    5. Gunay, Samet & Kaskaloglu, Kerem, 2022. "Does utilizing smart contracts induce a financial connectedness between Ethereum and non-fungible tokens?," Research in International Business and Finance, Elsevier, vol. 63(C).
    6. Frédéric Marty & Julien Pillot, 2019. "Cooperation, Dependence and Eviction - How Platform-To-Business Relationships in Mobile Telephony Ecosystems Should Be Addressed in A Competition Law Perspective?," CIRANO Working Papers 2019s-01, CIRANO.
    7. Li, Shan & Shi, Hanzhong & Sowah, Joseph Sowahfio & Zhai, Kerui, 2024. "Customers’ blockchain adoption and suppliers’ provision of trade credit: A pre-registered report," Pacific-Basin Finance Journal, Elsevier, vol. 86(C).
    8. Rohan Bennett & Todd Miller & Mark Pickering & Al-Karim Kara, 2021. "Hybrid Approaches for Smart Contracts in Land Administration: Lessons from Three Blockchain Proofs-of-Concept," Land, MDPI, vol. 10(2), pages 1-22, February.

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    JEL classification:

    • K12 - Law and Economics - - Basic Areas of Law - - - Contract Law
    • K19 - Law and Economics - - Basic Areas of Law - - - Other
    • O33 - Economic Development, Innovation, Technological Change, and Growth - - Innovation; Research and Development; Technological Change; Intellectual Property Rights - - - Technological Change: Choices and Consequences; Diffusion Processes
    • O38 - Economic Development, Innovation, Technological Change, and Growth - - Innovation; Research and Development; Technological Change; Intellectual Property Rights - - - Government Policy

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