Publicación:

La implementación de los Smart Contracts en el ordenamiento mercantil en Colombia

Resumen

The legislative evolution in contractual matters in Colombia has not undergone significant changes since 1999, however, because of the technological revolution of the last decades of the century, new platforms such as the Blockchain platform have been developed, and with it the Smart Contracts and in its variant the Legal Smart Contracts as new modes of expression and automation for the development of contractual agreements. As there is no specific legislation in the country, there are legal gaps that generate a lack of protection for users of these contracting methods, for this reason, it was sought to establish what is the legal basis for the application of Smart Contracts and Legal Smart Contracts in commercial law in Colombia, through a descriptive approach, the properties, characteristics and most important features of Smart Contracts and Legal Smart Contracts were specified, as a second measure through a qualitative approach, the regulations, jurisprudence, and doctrine of this current technology applicable in Colombia were analyzed and finally through the comparative law method, were established the basic similarities and differences between legal systems that have regulated the use of these platforms in their legal systems, as a result of this investigation were established the advantages and the main challenges faced by implementing this kind of technology and also it´s legal enforceability in the national legal system.