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Eficiența volițională ca fundament al unei noi teorii contractuale
Volitional efficiency as the foundation of a contractual theory

Author(s): Eduard-Alexandru Florea
Subject(s): Civil Law, ICT Information and Communications Technologies, Commercial Law
Published by: C.H. Beck Publishing House - Romania
Keywords: volitional efficiency; smart contracts; blockchain; legal intent;

Summary/Abstract: Despite significant advances in psychology, behavioral economics, and neuroscience over the past half century, contract theories remain anchored in fundamental concepts that are either over-simplified or absolutizing, in the sense that they assume in an absolutele manner, certain isolated features of human reasoning. This is the reason why they no longer effectively fulfill their purpose of translating the economic relationship into the legal relationship, leaving the impression that certain economic operations are even extrajudicial, outside the regulatory sphere of civil law. This paper will focus on the proposal to change the fundamental perspective from which contracts are viewed, on the implications of such a perspective, as well as on the implementation of viable and contemporary solutions.

  • Issue Year: XXI/2022
  • Issue No: 9
  • Page Range: 501-507
  • Page Count: 7
  • Language: Romanian
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