The Use of Smart Contracts for Legally Binding Agreements


To make software development and other online transactions easier, smart contracts are employed in blockchain and cryptocurrency initiatives. They may also become a viable option for legal agreements in the near future, thereby reducing the expenses associated with the use of lawyers and other middlemen.

Summary

To make software development and other sorts of online transactions easier, smart contracts are employed in blockchain and cryptocurrency initiatives.

They could soon be an alternative for parties to real estate or business structure legal agreements, thereby cutting the expenses of engaging lawyers and other intermediaries. However, implementing smart contracts before legislation and legal precedents have been established is dangerous.

Contents

Legal Considerations and Contracts

In the legal business, technology has been pushing innovation, most recently with the introduction of e-signatures for binding legal agreements. The advent of smart contracts, which may code certain sorts of legal agreements onto blockchains, is perhaps the most recent advance in this sector.

The widespread usage of smart contracts for specific sorts of transactions, which can reduce transaction costs and speed up transactions, is closer than you might believe. Nonetheless, there are several problems and potential hazards associated with their utilization.

Some states in the United States are beginning to allow smart contracts to be used in specific situations. Smart contracts can be used to make binding legal agreements in Arizona, and blockchain technology can be used to issue marriage licenses in California.

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Most lawyers, on the other hand, are not programmers and hence are unlikely to possess the technical skills required to create a smart contact. Smart contract coders who aren’t attorneys are probably unaware of all the legal concerns that go into designing solid, dependable contracts.

Legally enforceable smart contract templates for typical legal agreements must be developed by trained professionals in order to move toward more general usage among legal professionals. Smart contracts may become a tool that any lawyer (or even a non-lawyer) can use as standard templates for specific types of transactions are developed.

Meanwhile, if you decide to employ a smart contract, proceed with caution and get it evaluated by an attorney before releasing it. The following are a few noteworthy use cases that could pave the road for smart contract adoption.

Real Estate

There have been a few attempts with tokenizing real estate transactions, and if it becomes more common, it might account for a significant share of the multi-trillion dollar real estate sector.

Closing fees, title transfers, broker fees, and other hidden expenditures are all familiar to anyone who has ever purchased a home or other property.

Smart contracts could assist parties by expediting rental agreements, complex credit or mortgage agreements, as well as warranties and insurance, in addition to the execution of contracts in a real estate transaction. By executing these agreements with smart contracts, the requirement for legal advice or other advisory services is reduced, resulting in cost savings across the board.

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When a piece of property is tokenized, smart contracts can store most of the required recordkeeping within the token, saving the parties time and money. This can save both the buyer and the seller tens of thousands of dollars, if not hundreds of thousands.

Again, make sure that any smart contracts are enforced in the state where the transaction occurs, and that the smart contract is constructed to avoid any potential vulnerabilities.

Corporate Structures

Delaware enacted Senate Bill 69 in 2017, allowing blockchain-based enterprises to be formed and operated. This statute paved the way for the growth of Decentralized Autonomous Organizations (DAOs) (DAOs).

Despite certain setbacks, many people believe that businesses, where ownership and compensation can be integrated into smart contracts, would lead to increasing global collaboration and creativity.

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Despite the fact that Bitcoin is not a corporation, personnel in charge of the network are compensated according to a set of regulations embedded in the protocol. DAOs can offer similar incentive structures within a corporate context by encoding corporate structures with smart contracts.

Through incentive systems that may or may not involve formal employment contracts, DAOs can save money on administrative costs such as office space, hiring, and payroll.

Unlike Bitcoin, which gains traction through community and macroeconomic events, smart contracts will most likely acquire widespread use only after entrepreneurs create products that make using a smart contract as simple as hiring a lawyer.