Research On The Influence Of Smart Contract On Contract Law

Smart contract is a new form of contract,not just a piece of code,which is essentially a contract;as a new form of contract,smart contract should be a written form of contract.As a kind of traditional contract,smart contract has a certain impact on the contract in terms of the formal and substantive elements of the effectiveness of the contract because of its particularity.Smart contract has a certain impact on contract in the way of contract formation,contract formation,contract offer and acceptance rules,etc.Especially in the aspects of the subject of contract conclusion and the rules of offer and acceptance,because of the particularity of smart contract,it is difficult for the subject of contract conclusion to recognize and the acceptance can not be withdrawn,which leads to that the provisions of the subject of contract conclusion and the rules of acceptance can be withdrawn in the contract law are not applicable to the smart contract;and in terms of the substantive requirements for the effectiveness of the contract,the smart contract also recognizes the parties' contracting ability and the true meaning expression The contract is influenced by the three aspects of validity review and so on,but this does not affect the application of the essential effective elements of the contract law to the smart contract.In addition,the smart contract also has a certain impact on the identification of the effectiveness defects of contract,such as in the identification of the revocability of contracts,because once the smart contract is performed,it will not be revocable,which affects the recognition of the revocability of contract,which also leads to the inapplicability of the provisions of the revocability in the contract law and the need to increase the number of smart contracts Add similar provisions such as "except for the irrevocability of the contract",or interpret the provisions on the revocability in the contract law.Smart contracts also have an impact on the performance and modification of contract.Because of the existence of the main feature of automatic performance of smart contracts,it inevitably has a certain impact on the performance rules of contract.For example,in terms of the way of performance and partial performance,the partial performance of smart contracts is invalid,which is also part of the performance provisions in the contract law When it is applied to smart contracts,similar contents such as "the partial performance of smart contracts is invalid from the beginning" should be added,or the provisions of the partial performance in the contract lawshould be interpreted to some extent;however,because of the immutability of the blockchain,the problems that it is difficult to modify the smart contracts appear,which affects the autonomy of the parties to the contract and the application of the freedom to modify the contracts.The smart contract in the form of code inevitably has some difficulties in the determination of the breach of contract and the application of the relief rules,especially in the process of contract relief,the referee needs to interpret the code,which has a certain impact on the relief rules of the contract.