Smart contracts and their impact on contract theory in civil law

Abdullah, Muthanna Rashid

doi:10.37651/aujlps.2025.165614.1620

	Smart contracts and their impact on contract theory in civil law
Journal of Anbar University for Law and Political Sciences
Article 42, Volume 15, Issue: 2 part 2, December 2025, Pages 1113-1134 PDF (634.18 K)
Document Type: Research Paper
DOI: 10.37651/aujlps.2025.165614.1620
Author
Muthanna Rashid Abdullah^*
College of Law/ University of Nahrain
Abstract
Smart contracts are digital protocols programmed on the blockchain network that automatically execute agreements once pre-defined conditions are met, without human intervention. These contracts are characterized by transparency, speed, and security, as they are stored and documented on a network that cannot be easily modified. Smart contracts rely on software code that defines conditions and procedures, making their implementation precise but also irreversible or easily modified after publication. They are used in several fields, including decentralized finance (DFI), supply chain management, and digital healthcare. Despite these advantages, smart contracts face fundamental challenges, most notably software vulnerabilities that can be exploited by attackers due to the lack of a clear legal framework in many countries, the difficulty of interpreting human intentions through software code alone, and the limited ability of smart contracts to handle exceptional or complex situations. The research topic will be divided into a research plan consisting of an introduction, a section, and two sections. The first section addresses the concept of smart contracts, while the second section explains the legal status of smart contracts in civil law.
Keywords
smart contracts; blockchain; decentralization; self-execution

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