USING THE UNIDROIT PRINCIPLES (UPICC) TO INTERPRET SMART CONTRACTS WHEN NATIONAL LAW IS SILENT ON DIGITAL ISSUES

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Authors: Davronbek Abdugaffarov
Cited by: 0
References: 4

Abstract

This thesis examines the critical challenge of interpreting smart contracts in jurisdictions where national law, particularly civil codes, remains silent on digital assets and automated performance. By analyzing the UNIDROIT Principles of International Commercial Contracts (UPICC) as a supplementary framework, this study proposes a mechanism to fill regulatory gaps, specifically within the transitioning legal system of the Republic of Uzbekistan. The research highlights how UPICC's flexible doctrines—such as good faith, common intention, and the right to cure—can mitigate the rigid determinism of algorithmic execution and protect parties in cross-border digital commerce.

Fields of Study & Subjects

Digital Transformation in Law European and International Contract Law Digitalization Law and Regulation

Publication details

Journal / source
Science and Technology in the Modern World
Pages
121–125
Publication date
5 March 2026
Language
EN