The Legal Status of Smart Contracts According to the Jordanian Civil Law Theory of Contracts

Authors

  • Enas Qutieshat Faculty of Law, philadelphia University, Jordan
  • Bassam Al-Tarawneh Faculty of law, Philadelphia University, Jordan
  • Osamah Al Naimat Faculty of law, Philadelphia University, Jordan

DOI:

https://doi.org/10.35682/jjlps.v14i4.354

Keywords:

Smart contract, blockchain, contract execution, automated contract, electronic contract

Abstract

Contract theory is considered one of the legal theories most affected by technological development. Technology has become a real challenge to the current legislation, trying to identify whether current contractual legal provisions can respond to technical development. This paper deals with the notion of smart contracts in the light of the provisions of the Jordanian Civil Code and the Jordanian Electronic Transactions Law to determine whether the current legal texts can accommodate this type of contract based on the automated and automated implementation of the contract terms using related software and algorithms. This paper concluded that although the Jordanian legislator has legalized the use of information messages to conclude contracts in whole or in part, talking about smart contracts calls for legislative intervention to fill the gap regarding blockchain technologies and associated smart contracts, especially with the growing use of this type of recent contracts especially with the governmental oversight of such contracts.

Published

02-02-2023

How to Cite

Qutieshat , E. ., Al-Tarawneh, B. ., & Al Naimat, O. (2023). The Legal Status of Smart Contracts According to the Jordanian Civil Law Theory of Contracts. Jordanian Journal of Law and Political Science, 14(4). https://doi.org/10.35682/jjlps.v14i4.354

Issue

Section

Articles