INCIDENCIA DE LOS SMART CONTRACTS SOBRE EL DERECHO A LA TUTELA JUDICIAL EFECTIVA Y EL PRINCIPIO DE AUTONOMÍA DE VOLUNTAD DE LAS PARTES.

Abstract

This article reviews smart contracts in relation to the principle of autonomy of will that governs the contractual sphere and the right to judicial protection, to determine if this form of contracting has any impact on them and to identify applicable legal standards to guarantee the rights of the parties. A characterization of this type of contracts is made from the technological and legal point of view, as well as its fields of application and its relationship with the right to judicial protection in relation to self-executing guarantees and the automatic way in which they are executed, in a staggered manner, the clauses agreed by the parties, which once entered into the chain of blocks in which the contract is supported, there is no possibility of renegotiating its clauses, rescinding it or resorting to other usual figures of breach of contract such as the case fortuitous and force majeure. It is concluded that although this form of contracting is potentially negative for the exercise of some procedural rights, the Ecuadorian legal system offers clear answers in this regard.