الالتزام ببذل عناية والالتزام بتحقيق نتيجة في نطاق العقود الذكية: دراسة مقارنة

الملخص EN

Smart contracts didn't receive yet the proper attention of legal jurisprudence until the recent time.

There is a noticeable delay in addressing its provisions, especially among the studies of Arab Jurisprudence.

The legal frameworks of any topic are determined only by its completion.

Perhaps the topic of smart contracts has not ripened yet in our Arab societies.

It was necessary to conduct research on the aspects of this topic to support the values of development and keep pace with the fourth-generation technology.

It is necessary to define the smart contract that combines the legal aspect, the technical aspect and the style of its implements.

These characters lead us to prove that they are legal contracts inevitably.

Contrary to the traditional contractible relationships, smart contracts can form some other relationships.

These relations connect the issuer’s authentication certificates and the service provider or license applicant.

Also, it can connect between each one of them and the owner of the smart system or the contractor with it.

These obligations can twist from obligations of conduct of the traditional contracts perspective to obligations of result, and vice versa.

This is also confirmed at the stage of the contract implementation; Smart contracts are self-implemented and self-applied.

It can lead ultimately to determine who bears the burden of proof and to determine when the burden of proof can be shifted from one party to another.

The degrees and types of committals in terms of possibility are no longer be a limit to the traditional division.

It verifies contractible responsibility in his side.

The difference between smart and traditional contracts is obvious in handling of these points.