التنظيم القانوني للعقود الذكية وفقا لتقنِية الـ (بلوك تشين)
| Author | المطيري، مبارك عبد الله رباح | |
|---|---|---|
| metadata.dc.contributor.department | University of Bahrain, College of Law, Department of Private Law | |
| metadata.dc.date.accessioned | 2026-09-20T15:54:05Z | |
| Publication date | 2025 | |
| Degree level | Doctoral | |
| Abstract | Abstract : Amidst rapid technological advancements, blockchain technology has emerged, marking the beginning of the development of smart contracts, which represents the third stage in the evolution of contracts. This has encouraged us to attempt, in this study, to establish a legal theory governing this new type of contract. In this research, we have defined the legal framework for smart contracts and determined their legal nature. Despite the variable jurisprudential opinions discussing this idea, we have concluded that they should be considered contracts from a legal point of view. Regarding the elements upon which these new contracts are based, despite the presence of all three elements in contract theory, they are distinguished from general contract rules by a unique element: the financial consideration. Smart contracts are only conducted when payment is made using cryptocurrency. Additionally, they stand out from traditional contracts through their automatic execution feature, facilitated by smart programs that both conduct and enforce the smart contracts. This has led to several challenges facing contract theory, particularly when dealing with general principles and Theories governing contracts in general. Our study provides legal solutions to overcome these challenges. Considering the novelty of smart contracts, a new mechanism has emerged for resolving disputes arising from conducting or enforcing smart contracts: smart arbitration. It is a modern technique designed to resolve smart contract disputes using fully encrypted digital arbitration platforms. Thus, several challenges have faced the adjudication of smart arbitration. We also examined the legal rules for determining the law applicable to smart contract disputes. In this study, we have traced the evolution of smart contracts, from their inception to the resolution of disputes arising from them, while proposing ways to address the challenges they present. Finally, we have concluded a set of significant findings and recommendations | |
| metadata.dc.identifier.other | Drupal node 4584 | |
| metadata.dc.identifier.other | https://digitalrepository.uob.edu.bh/en/dar/altnzym-alqanwny-llqwd-aldhkyt-wfqa-ltqniyt-al-blwk-tshyn | |
| metadata.dc.identifier.uri | http://165.227.56.122/handle/123456789/7532 | |
| Language | ar | |
| Link | https://digitalrepository.uob.edu.bh/en/_flysystem/fedora/2025-10/00878_altnzym_alqanwny_llqwd_aldhkyt_wfqa_ltqnyt_al_-_blwk_tshyn_-_drast_thlylyt_fy_alqanwn_albhryny_almqarn.pdf | |
| Title | التنظيم القانوني للعقود الذكية وفقا لتقنِية الـ (بلوك تشين) | |
| Type | Doctoral Dissertation | |
| College | College of Law | |
| Department | Private Law |
Files
Original bundle
1 - 1 of 1
Loading...
- Name:
- node-4584-1-00878_altnzym_alqanwny_llqwd_aldhkyt_wfqa_ltqnyt_al_-_blwk_tshyn_-_drast_thlylyt_fy_alqanwn_albhryny_almqarn.pdf
- Size:
- 5.16 MB
- Format:
- Adobe Portable Document Format