The entity of a smart contract and its unique intrinsic characteristics in blockchain technology-Comparative analytical study

Ali, Younis Othman; Qadir, Sherzad Khudhur

doi:10.63677/jqlap.2025.163986.1387

	The entity of a smart contract and its unique intrinsic characteristics in blockchain technology-Comparative analytical study
AL-Qadisiya Journal For Law and Political Sciences
Article 26, Volume 17, Issue: 1 part 1, March 2026, Pages 563-612 PDF (1.25 M)
Document Type: Research Paper
DOI: 10.63677/jqlap.2025.163986.1387
Authors
younis othman ali^* ¹; Sherzad Khudhur Qadir²
¹College of Law-Salahaddin University-Erbil
²Department of Law, College of Law, Salahaddin University-Erbil, Kurdistan Region, Iraq.
Abstract
Digital technological developments have witnessed a rapid boom in various aspects of modern life, and blockchain technology has emerged as one of the most prominent technological innovations that has changed the concept of financial and commercial transactions. In the realm of this transformation, smart contracts have emerged as an advanced form of encrypted and automated execution of contractual obligations, raising fundamental questions about the extent to which the traditional legislative framework is compatible with containing this contemporary technology. In this context, the research aims to understand the nature of smart contracts in blockchain technology by highlighting the legal jurisprudential division of their true nature and determining whether they constitute a contract in the legal sense or merely a technical mechanism for enforcing obligations. This research also aims to shed light on the features and characteristics that make smart contracts a distinct form of contract, given their technical and legal advantages that distinguish them from other traditional and electronic contracts. This contributes to building a comprehensive understanding of the adaptability of this contemporary type of contract. In this regard, the problematic aspect of this research centers on the contradiction between the views of legal scholars regarding the nature of a smart contract and its precise classification. Is it considered a contract in the traditional legal sense, in accordance with established legal principles, or merely a computer program for implementing obligations? There are also legal gaps in the unique features and characteristics of smart contracts
Keywords
Smart Contract; Blockchain; Distributed Ledger Technology; Automatic Execution; Conditional Execution

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