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Forța obligatorie a actului juridic civil în era digitală
The mandatory effect of civil legal acts in the digital era

Author(s): Darius-Alexandru Ghiță
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Uniunea Juriștilor din România
Keywords: civil legal act; binding force; smart contract; blockchain;

Summary/Abstract: This paper examines the binding force of civil legal acts in the digital era, highlighting the adaptation of traditional legal principles to technological progress. It focuses on smart contracts, which preserve the core elements of classical contracts while executing automatically, reducing human intermediation. The study explores both their benefits (operability, traceability, and efficiency) and challenges (rigidity, limited ex post remedies, and difficulties in judicial intervention). Emphasis is placed on valid consent and compliance with legal standards for electronic signatures and the security of civil legal relationships. International case law and national legislation are reviewed to underscore the requirements for informed decision-making and clear expression of intent. Smart contracts thus emerge as a natural evolution of classical principles, reinforcing the binding force of legal acts through the stability of legal relationships.

  • Issue Year: 2026
  • Issue No: 05
  • Page Range: 190-204
  • Page Count: 15
  • Language: Romanian
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