Smart contract e diritto generale dei contratti

The essay addresses certain fundamental issues raised by the use of smart contracts from the perspective of «general» contract law, with special regard to the self-executing nature of smart contracts. In particular, the essay investigates the relationship between smart contracts and supervening circumstances, the remedial techniques that can operate in a self-executing context, the relationship between smart contracts and the choices (including imperative ones) of the legal system, as well as the related problems of the functioning, in this framework, of the techniques of contract integration, which, as is known, play a significant role especially in civil law systems.