The corporate governance positions at the crossroad of the digital intersection.
In the rapidly evolving and revolutionary landscape of corporate governance, it
faces the hindering challenge of adoption to the digital age. In the field of
corporate governance, the integration of blockchain technology and smart
contract has erupted as a game changer and poised to disrupt traditional method
of agreement and transactional management.
The[i] restless pursuit of
technological development, characterized by the blockchain contract represent
the paradigm shift in how agreement is formed, executed and enforced. These
self-executing contracts which are built on blockchain networks, are gaining
widespread attention for their potential to automate and secure various facets
of our digital lives.
Within this extensive blog, we'll demystify the complexities of smart contracts,
ensuring you get hold on a solid grasp of their functioning, the foundational
principles that drives them, and the advantages they bring in the form of
transparency, streamlined processes and enhanced trust. Whether you are a
blockchain enthusiast or intrigued by the evolution of contracts, let's
brainstorm about the exploration of these profound concepts and practical
impacts of smart contracts.
Smart Contract
A smart contract is like a super smart computer program that can handle the
operation of agreements between people. Imagine it as a digital mediator or a
negotiator that follows specific rules who doesn't need any supervision and
works in an automated form. [ii]These contracts are programmed using computer
codes, and is designed to facilitate the working in a specific digital network
called as blockchain. For better understanding we can presume the concept as a
digital rulebook. For example, you and someone else agree on the rules, and the
smart contract makes sure parties involved stick to them.
When certain conditions written in the contract are met, the smart contract
takes action all by itself. To set the understanding through an example, let's
say you agree to pay for something when it's delivered. The smart contract
watches for the delivery and as soon as it happens, it automatically sends the
payment to the designated person. What makes these contract 'smart' is that it
doesn't need a person to operate or execute it, it is self-executory.[iii] Its
trustworthy because it follows the rules perfectly. So, smart contracts make
agreements easier because they are like digital helpers. They make sure
everything goes according to plan and they do it automatically.
Advantages Of Smart Contract
Smart contracts have transformed the legal arena along with making the process
of various fields seamless. These self-executory contracts, running on
blockchain platforms offer a plethora of advantages that are transforming the
way the customer interacts with the interface as well as the form of engagement
of individuals in an agreement. Smart legal contracts are on the horizon to
potentially automate the complex legal agreements.
Smart contracts have become a linchpin of the digital age, revolutionizing the
process of conducting the method of transaction and enforcement of agreements.
Their advantages are manifolded. Automation is the cornerstone for the
performance of the smart contract, which aids the omission of multiple human
intervention as well as intermediaries on several levels. Trust and transparency
are fundamentals of the blockchain and smart contracts. The usage of these
contract provides an edge to all the parties to verify and enforce the clauses
of the agreement without the interference of any intermediaries and cultivating
trust amongst the parties It ensures accountability and reduces the chances of
risk.
This heightend trust is accelerated by the security features of
cryptographic technology, making the data tampering out of scope. Smart contract
is both cost and time efficient. Emergence of smart contract has promulgated the
cross-border transactions. These advantages foster innovation as well as
promotes financial inclusion, providing services to the unserved.
As the concept of blockchain technology continues to develop and gain widespread
adoption and acceptance, the application of smart contracts is expected to
expand future over the time in various novel fields. The capacity of these
contracts to bring trust, transparency, automation, cost effectivity and novelty
in the processes to numerous fields makes them a transformative concept in the
contemporary era, bring a transformation in the method of conducting business
and the digital interface. However, while the benefit is evident, it is
imperative to navigate through the potential challenges that harness the full
potential of smart contract to promote better digital intervention and
interconnected world.
Challenges In Smart Contract
Smart contract comes with some widespread hinderances in adaptation. Security is
a paramount concern since even a minor error may cause vulnerability,
potentially resulting in substantial financial losses. The rectification of
these minor errors may be troublesome as once deployed, rectifying errors or
updating terms necessitates deploying new contracts. Regulatory compliance
remain uncertain, as legal frameworks continue to change and transform. A
complex user experience, privacy concerns and the need to interoperability with
other systems and blockchain are additional challenges.
Ensuring[iv] legal
enforceability and upgradability further complicate the smart contract
landscape. Addressing these challenges is vital for harnessing the full
potential of smart contracts and realizing their promise of efficiency,
transparency, and trust in a variety of applications. As technology and
regulatory frameworks evolve, these challenges may be mitigated, facilitating
broader adoption and the transformative impact of smart contracts across various
industries.
Legality Of Smart Contracts In India
The legality of smart contracts is not explicitly defined. It remains in the
gray area of development and transformation of blockchain network and digital
technology. While the smart contracts are not overtly regulated, it is generally
considered valid by the Indian Contract Act, 1872, which facilitates the
enforcement of electronic contracts.[v] Section 10 of the Indian Contract Act,
1872 outlines the fundamental requirement for a contract, which includes the
essentials of offer, acceptance, intent and something of value being exchanged.
This means that, according to Indian law, smart contracts can be seen as a valid
contract.
The information technology Act, 2000 validates electronic signatures
which is core component of smart contracts. However, the electronic signature
must be from a government certified authority, hence smart contracts breach this
clause since they are decentralized. Similarly, the Evidence Act allows
electronic contracts to be utilized as valid evidence in court, but it also
mandates valid digital signatures from certified authorities, which contradicts
the nature of smart contract. In simpler terms, Indian laws requires government
approved digital signature for traditional digital contracts, creating a rift
with the decentralized and automated nature of smart contracts.
The accelerating growth projected in the latest global opportunity analysis and
industry forecast, outline the revolutionary potential of smart contracts and
its reference in India. For the Indian government, the need to establish clear
statutory guidelines for blockchain technology and smart contract has become
increasingly pressing. This forward-looking approach toward regulation will be
the cornerstone for unleashing the full potential of these innovations.
With the
right legal framework on place, technology solutions and innovation can
flourish, offering highly efficient and cost and time effective outcomes.
Crucially, this regulatory framework will provide the security and
trustworthiness necessary for businesses and individuals to engage in smart
contracts without the umbrella of legal liabilities hanging over them.
Conclusion
In conclusion, the blockchain technology and smart contract have emerged as
transformative toll and has potential to transform the contemporary status of
digital era and re-define the way we conduct transactions. As these technologies
continue or evolved and find broader adoption, it is clear that they hold the
capability to be more decentralized, secure and more efficient. It is heartening
to note that Indian regulators and governmental bodies have taken the initial
steps towards comprehending and facilitating these new technologies.
However,
the path ahead is one that requires future collaboration between the government,
industry stakeholders and technology experts to craft a regulatory environment
that nurtures innovation, protects consumers, and ensuring India's position at
the forefront of the smart contract revolution. In the dynamic landscape, the
right regulations will not only bolster economic growth but also solidify
India's stance as a forward looking and technology friendly nation.
End Notes: - Lipton, A. and Levi, S. (2018) An introduction to smart contracts and their potential and inherent limitations, The Harvard Law School Forum on Corporate Governance. Available at: https://corpgov.law.harvard.edu/2018/05/26/an-introduction-to-smart-contracts-and-their-potential-and-inherent-limitations/ (Accessed: 19 October 2023).
- McGimpsey, P. (2023) Smart contracts explained, Forbes. Available at: https://www.forbes.com/advisor/au/investing/cryptocurrency/smart-contracts-explained/ (Accessed: 19 October 2023).
- Reggie O'Shields, Smart Contracts: Legal Agreements for the Blockchain, 21 N.C. Banking Inst. 177 (2017). Available at: http://scholarship.law.unc.edu/ncbi/vol21/iss1/1
- (No date a) Smart contracts and the cost of inflexibility - jstor home. Available at: https://www.jstor.org/stable/45154933 (Accessed: 19 October 2023).
- (No date) The law and legality of smart contracts - ilsa.org. Available at: https://www.ilsa.org/ILW/2018/CLE/Panel%2311 - THE LAW AND LEGALITY OF SMART CONTRACTS 1 Georgetown Law Technology Rev.._.pdf (Accessed: 19 October 2023).
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