Legal challenges in coding the civil liability clause in smart contracts

Marenco E.C.; Solano J.E.G.; Silveyra R.M.S.; Sal G.O.; Ravelo-Franco G. · Revista Chilena de Derecho y Tecnologia (2025) · DOI: 10.5354/0719-2584.2025.74870

Resumen

This paper presents a doctrinal study aimed at exploring the existing chal lenges regarding the coding of the liability clause in smart contracts. The analysis focus es on the following areas: data protection, conflicts in the execution of services, damages resulting from these types of contracts, and regulatory challenges. The study is based on academic literature published between 2017 and the present, sourced from databases such as Scopus, Jstor, Scielo, and Dialnet. Likewise, an exploration of the regulatory landscape regarding consumer protection in Colombia, Peru, and Uruguay has been in cluded. The findings of this work highlight diverse topics that need to be considered by both developers and regulatory bodies to address the special vulnerability of consumers. ©Author(s)

Instituciones: Universidad Continental