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In
this article I take a look at Smart Contracts. Smart Contracts have taken a center
stage as one of the applications of blockchain technology. Although it is
widely accepted that they have great potential to change the way business is
conducted globally, there still remains a low understanding of the concept. This
article attempts to give an understanding of the concepts surrounding Smart
Contracts, the potential, challenges, and future of smart contracts.
History
of smart contracts
In
1994, Nick Szabo, a legal scholar and cryptographer realized that the
decentralized ledger could be used to convert contracts to computer code so
that they could be stored and replicated on the system and supervised by the
network of computers that run the blockchain. He introduced what he called
smart contracts, also known as digital contracts or self-executing contracts.
Definition
of smart contract
A
smart contract is a computer protocol intended to digitally facilitate, verify,
or enforce the negotiation or performance of a contract. Smart contracts allow
the performance of credible transactions without third parties.
What
do smart contracts do
Smart
contracts facilitate the exchange of money, property, shares, or anything of
value in a transparent, conflict-free way while avoiding the services of a
middleman. Not only do smart contracts define the rules and penalties around an
agreement in the same way that a traditional contract does, they go a step
further and automatically enforce those obligations.
How
do smart contracts work
Suppose
John wishes to buy a song from Jane. He can do this through the blockchain by
paying in cryptocurrency. He will then get a receipt which is held in a virtual
contract; Jane then sends the song digitally with the understanding that it
should reach John by a specified date and time. If the song doesn’t arrive on
time, the blockchain releases a refund to John. If Jane sends the song before
the agreed time, the functions holds it releasing both the fee and the song to Jane
and John respectively when the date arrives.
Both
Jane and John can expect a faultless delivery because the transaction is
witnessed by hundreds of people within the network and the contract code cannot
be interfered with by anyone without the parties involved being alerted.
Use
cases of smart contracts
Smart
contracts can be used for all sort of situations that range from financial
derivatives to insurance premiums, breach contracts, property law, credit
enforcement, financial services, legal processes and crowdfunding agreements.
While
the stance of governments, financial regulators and banks worldwide on
cryptocurrencies has been ranging from extremely cautious to carefully
accepting, the technology behind them - Blockchain and smart contracts - has
been widely accepted as revolutionary and it is being implemented across all
levels.
For
example, the Depository Trust and Clearing Corporation (DTCC) and four major
banks - Bank of America Merrill Lynch, Citi, Credit Suisse and J.P. Morgan -
successfully traded credit default swaps on the Blockchain developed by Axoni,
using smart contracts.
In healthcare, personal
health records could be encoded and stored on the blockchain with a private key
which would grant access only to specific individuals. The ledger, too, could
be used for general healthcare management, such as supervising drugs,
regulation compliance, testing results, and managing healthcare supplies.
Benefits
of smart contracts
Trust
— No one can steal or lose any of your documents, as they are encrypted and
safely stored on a secured, shared ledger. Moreover, you don’t have to trust
people you’re dealing with or expect them to trust you, as the unbiased system
of smart contracts essentially replaces trust.
Savings
— Notaries, estate agents, advisors, assistance and many other intermediaries
are not needed thanks to smart contracts. This results in savings as you will
not have to pay the fees associated with their services.
Safety
— If implemented correctly, smart contracts are extremely difficult to hack.
Moreover, perfect environments for smart contracts are protected with complex
cryptography, which will keep your documents safe.
Efficiency
— With smart contracts you will be saving a lot of time, normally wasted on
manually processing heaps of paper documents, sending or transporting them to
specific places, etc. You’d ordinarily have to spend chunks of time and
paperwork to manually process documents. Smart contracts use software code to
automate tasks, thereby taking hours off a range of business processes.
Accuracy
– Automated contracts are not only faster and cheaper but also avoid the errors
that come from manually filling out heaps of forms.
Problems
with smart contracts
In
theory, smart contracts sound efficient. But there are several problems related
to their implementation.
For
starters, smart contracts assume ideal actors, economic incentives, and perfect
legal settings. That may not always be the case. In the example above, a legal
problem would arise if Jane sends John an empty file in attempt to defraud him.
Because smart contracts can be executed without a physical meeting, the
potential for a fraud or misrepresentation is high. Then there are other
problems pertaining to smart contracts, such as, who is responsible for coding
errors or if the system malfunctions due to certain conditions?
Enforceability
And Jurisdiction
But
the two biggest legal problems of smart contracts lie in their blockchain
provenance. The first one is the enforceability of smart contracts. Blockchain
came into mainstream prominence as a decentralized and permission-less system
that can be used to speedily conduct business transactions between multiple
geographies. Current dispute resolution of contracts differs between countries
and is settled in courts. There is also the problem of jurisdiction. How will
disputes involving smart contracts for international transactions that span
multiple geographies be resolved?
Other
challenges are around government regulation. How should governments regulate
such contracts? Or, how would governments tax these smart contract
transactions?
From
a programming perspective, a smart contract once deployed cannot be destroyed until
it executes or until time elapses. The tiniest mistake can prove to be very
costly as it will still execute as programmed without an option to alter the
terms therein.
For
many small businesses, another challenge smart contracts present is their
creation and registration. Most smart contracts are written in the Ethereum
programming language which few business owners have the time and inclination to
learn. Fortunately, there are resources available, such as Modex, Zeppelin
Solutions and Applicature, which can help you transform a traditional agreement
into an enforceable, registered smart contract. All you need to do is define
your agreement terms, and these companies can manage the process from there.
Future
of smart contracts
Smart
contracts aren’t just the future of business; they are already in play. These
agreements save time and money while improving communication and transparency. While
keeping in mind that the technology is still in its nascent stages, it is not
difficult to see that smart contracts can play a vital part in many industries.
Governments, insurance companies, real estate businesses, and more, can benefit
from the use of smart contracts to reduce the consumption of resources.
Conclusion
Smart
contracts support the global economy by streamlining transactions. Even the
most basic business contract requires a lawyer or a broker to oversee its
completion; and meeting the terms of the agreement necessitates additional
actions such as invoicing, delivery scheduling and payment.
Smart
contracts eliminate the middleman and allow the two parties to define their own
terms. First, the contract is registered with a database and is legally cleared
as a valid agreement. Each step of the contract is then automated and triggered
to be completed when a specific event occurs.
Smart
contracts can streamline processes across nearly every small business. These
contracts can assure that your company has the resources it needs to fill
orders, or the information that's needed to deliver a service.
Sources:
www.investopedia.com | www.blockgeeks.com | www.cointelegraph.com | www.blockchainhub.net | www.entrepreneur.com
The
author is a Certified Blockchain Expert and a member of Crypto Tamanga, a
community of blockchain technology and cryptocurrency enthusiasts in Zambia.
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