Métodos de Verificación del Consentimiento Electrónico en los Smart Contracts

Abstract

Civil Law has been in charge of regulating the relationships between individuals since its emergence, an aspect that has led to the study of what allows the emergence of such relationships, i.e. contracts; those agreements of wills that frame the obligations assumed by the subjects. Hence the need to focus on key elements to know the emergence of obligations, the rights of the parties and in case of any problem to establish possible means of defense to ensure compliance with contracts, or termination thereof, or payment of damages in case they are caused, among other things.

However, although it is true that the Law has been in charge of studying in depth the birth of contracts and the conditions of emergence for them to be carried out in a suitable way, it has also seen the obligation to respond to the new realities that arise, such as the implementation of technology, so things, thanks to these have emerged smart contracts, contracts that generate as a drawback to determine at what time the consent of persons is presented and what methods of verification methods allow corroborating that the consent was given by the subscriber. Therefore, this text will analyze such methods and how the Law has sought to safeguard these new realities presented with the technological implementation in the contractual world.