Legal issues generated by smart contracts in B2C electronic commerce: forum, applicable jurisdiction and right of withdrawal within the Spanish legal system
Cuestiones jurídicas generadas por los smart contracts en el comercio electrónico B2C: foro, jurisdicción aplicable y derecho de desistimiento dentro del ordenamiento jurídico español
Questões jurídicas geradas por smart contracts no comércio eletrônico B2C: foro, jurisdição aplicável e direito de desistir no ordenamento jurídico espanhol
| 2024 | |
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comercio electrónico blockchain smart contracts B2C derecho privado internacional comércio eletrônico blockchain smart contracts B2C direito privado internacional e-commerce blockchain smart contracts B2C International Private Law |
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| Español | |
| Universidad Católica del Uruguay | |
| LIBERI | |
| https://revistas.ucu.edu.uy/index.php/revistadederecho/article/view/3919 | |
| Acceso abierto |
| Sumario: | The use of e-commerce to enhance consumer relationships is becoming increasingly important in the information society. The constant development of technologies allows existing platforms to benefit from their characteristics; however, these advancements also bring various legal issues that must be addressed to protect users' interests and rights. Blockchain technology is revolutionizing B2C electronic relations due to its transnational nature, decentralization, guarantee of trust, immutability, and one of its most distinctive functionalities: smart contracts. These agreements are characterized by their automation and self-execution, features that can conflict with existing consumer and user legislation. Additionally, the opportunities provided by Blockchain, such as allowing users to act anonymously, may contradict regulations concerning the determination of international judicial jurisdiction and the applicable law for B2C consumer legal relationships. This work aims to analyze the applicability of smart contracts in e-commerce, particularly for B2C companies, and to study the potential issues they pose for current regulations, in order to determine whether these regulations need to be adapted for these technologies. |
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