7. Smart contract e ‘giusto rimedio civile’ del re-coding tra Rule by Design e Rule of Law

The essay emphasizes the responsible role that the jurist is called to play in order to interpret and integrate – in the presence of a smart legal contract – the output of the machine (so-called ‘computer effect’ or ‘code-result’ or ‘fruit contract ex machina’). Hence the opportunity to adopt, as in the Maltese legal system happens, a so-called “hybrid” intelligent agreement model, i.e. focused on the mixture of computer and human language, which shows undoubted advantages in asymmetric agreements (B2C). In another respect, in cases of non-compliance of the smart contract with our legal system, the ‘proper civil remedy’ (atypical) of ‘re-coding’ moves in the direction of ‘re-writing’ the algorithm so as to make the Lex Criptographi(c)a immune to appreciable defects in an eminently legal point of view.