The Embedding of Smart Contracts into Swiss Private Law

Contract law, Cmart contracts, Blockchain, Declarations of intent, Interpretation

In this paper, Prof. Dr. Andreas Furrer examines Smart Contracts (“SC”), statements of will and the parties' intention to create legal relations. These statements of wills are attributed to the parties who have agreed to the basic principles of a contract, but also the contracts used during the SC services. The SC declaration is within the scope of consent. The expressions of will and knowledge of the SC and natural persons are subject to different rules of interpretation. The invalidity and reasons for rescission are to be assigned to the correct declaration of will and knowledge.

This paper is a tentative translation of the German publication "Die Einbettung von Smart Contracts in das schweizerische Privatrecht", published in the Anwaltsrevue, 2018, p. 103 - 115. You can download the PDF-Version here. (PDF, 329 Kb)

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