الإطار المفاهيمي للعقود الذكية

الملخص EN

That research in the field of informatics and digital exchange and its impact on the legal field leads us inevitably to the stage of progress and prosperity that contracting methods enjoy, and specifically the new contractual pattern that appeared in the recent period, or what is currently known as the English term smart contract, this Smart Contract The model of decades, albeit its emergence in the field of law, however, is not recent in the United States, as thanks to its emergence in the early nineties of the last century, and specifically to the efforts made by the American legal scholar"Nick Szabo", who promoted this contractual pattern of During an article published in 1997 under the title "Smart Contracts, " the formalization of public networks.

After this unique and advanced innovation, most of the systems have tended to include in their legislation and regulations texts in line with this transformation as it has become a fait accompli, especially in the country in which it originated, i.

e.

in the United States of America, and American law has devoted the technology of smart contracts in several stages, the last of which was in 2017 by a law.

Nevada, amending the provisions of the Federal Law on Electronic Transactions.

As for the French law, although it seems that it is still reluctant to support the digitization of contractual practices, and perhaps this is evidenced by its complete disregard for the issue of electronic contracts in the last term of the contract theory in 2016.

However, on the other hand, the French legislator showed some results in the field of technology "blockchain", which witnessed these Technology has two admissions in the French law, the first in April 2016 and the second in December of the same year.

As for Arab legislation, it can be said that the time is not yet ripe for the emergence of this type of contract, assuming that it is difficult to recognize the electronic nature in the ence of an explicit recognition of "blockchain" technology as the cornerstone of a smart contract.