Smarta kontrakt i svensk avtalsrätt : Huruvida Smarta kontrakt och Blockkedjor är lämpliga Avtalsinstrument

Sammanfattning: The objective of this thesis paper is to investigate whether if smart contracts concluded on a blockchain are recognized as contracts under Swedish law. This is done by analyzing two fictional examples of concluded smart contracts. The study shows that smart contracts may indeed be recognized as contracts as they fulfill mechanisms for concluding contracts that are regulated in the Swedish Contracts Act, such as offer-acceptance. Smart contracts may also be concluded on mechanisms that are not directly regulated by the Contracts Act, these include tacit agreements and standard form of contracts. The objective also includes discussions regarding certain legal issues that are raised by the blockchain and smart contracts. For instance, what problems an immutable blockchain may pose for the possibility to recall an offer or acceptance stated in the Contracts Act. Another aspect that may also potentially prove troublesome is the smart contracts self-fulfillment. This is because they can facilitate the automatic fulfillment of contracts that are null and void due to the fact that they comprise illegal or immoral undertakings.