From Legal Norms to Algorithmic Rules: Reflections on Blockchain and Smart Contracts

Blockchain technology and smart contracts are profoundly reshaping contract law by partially replacing traditional legal rules with algorithmic norms based on automation and self-execution. By embedding the parties' agreement into computer code deployed on a distributed ledger, these technologies promise enhanced security, certainty of performance, and the reduction of traditional intermediaries. However, this emerging algorithmic normativity confronts fundamental requirements of contract law, particularly those relating to validity, flexibility in the face of unforeseen events, and the protection of contracting parties. While automatic execution strengthens technical efficiency, it also exposes significant legal limitations, including the rigidity of code, the absence of interpretative mechanisms, and the difficulty of integrating traditional corrective tools. This article therefore highlights the need for an appropriate legal framework capable of reconciling legal norms with algorithmic rules, ensuring that technological innovation contributes to, rather than undermines, legal certainty in contractual relations.