英文摘要 |
Smart Contracts have both broad meaning and narrow meaning. In the narrow sense, smart contracts are the automatic performance clause if A then B rules, which is the Verpflichtungsgeschäfte in private law. In the broad sense, smart contracts consist of automatic performance clause and non- performance clause, The compulsory performance function of automatic performance clause violates the autonomy of will and should be subject to the dual restrictions of using rules and technology. Although the non-performance clause is not directly related to the performance of obligations, the decentralized transaction may leads to the risk of the parties' property rights. Changing decentralization to weak-centralization, retaining appropriate supervision, and providing necessary right remedy for users of non-performance clause, can make smart contracts safe to use by compromising part of transaction efficiency. |