Smart Contracts in the Civil Law System: Problems of Legal Qualification

Abstract

This article examines the legal qualification of smart contracts within civil law jurisdictions, emphasizing the challenges posed by automated, code-based agreements in systems traditionally grounded in codified statutes and doctrinal principles. By exploring current scholarly debates, legislative approaches, and judicial interpretations, this study highlights the tension between the self-executing nature of smart contracts and the requirement for consent, formality, and interpretation under civil codes. Drawing on a qualitative analysis of doctrinal writings, statutory frameworks, and case-based discussions, the paper identifies core issues of enforceability, liability, and consumer protection. Results reveal the need for a more coherent integration of legal theory and technological design, underscoring the role of hybrid solutions that blend human interpretation with automated execution. The discussion situates these findings in the broader trajectory of contract law modernization, concluding with recommendations for policymakers and practitioners regarding risk mitigation, technological design improvements, and harmonized regulatory standards.