Impugnación de Smart Contracts en la legislación ecuatoriana.

Abstract

The advent of technology has brought about major changes in the daily lives and in legislation. One of the most significant changes is the shift of traditional contracts to electronic contracts. Today, thanks to technological devices and programs, we are able to interact with others and make agreements that run automatically, eliminating human error. In 2019, the legal concept of smart contracts (smart contracts) was introduced in our country as an alternative to traditional contracting. This incorporation took place through reforms in the Commercial Code. The smart contract is an efficient mechanism that allows the automation of agreements and their compliance. The objective of this research work is to make known the possibilities of challenge and determination of liability in smart contracts. Although these contracts are efficient, there may be disagreement on the part of one of the parties as to the outcome of the agreement. It is important to understand how these contracts can be challenged and how liability will be determined in case of dispute. Examining the legal implications of smart contracts is crucial in an environment where technology is increasingly present in our lives. Understanding resources and accountability in these contracts will help ensure fair and equitable enforcement of the law on electronic contracts.