新时代要约撤回制度再审视——智能合同的适用及挑战

Re-examination on the Offer Withdrawal System in the New Era—Application of Smart Contracts and Challenges

随着区块链技术的兴起及其平台的搭建,智能合同横空出世。相较于传统合同,智能合同具有自动履行性、不可篡改性与效率性的特征。合同始于要约,终于履行。智能合同的要约是否满足传统合同要约的要件,以及智能合同要约的传达特性将给传统的要约撤回制度带来巨大挑战。以该项挑战为切入点进行分析,提出智能合同要约撤回制度总括性适用、类型化救济、当事人意思合意适当干预三个维度的解决方案,以期解决当前智能合同在要约撤回领域的适用困境。

With the rise of blockchain technology and construction of platformfor it,smart contracts have emerged.Compared with traditional contracts,smart contracts can be executed automatically,with the features of untamperability and high efficiency.A contract starts with the offer and becomes valid when executed.The traditional offer withdrawal system is facing huge challenge,due to the difficulty in deciding whether the offer of a smart contract meets the requirements of traditional one,and also due to the new feature of the smart contract in offer-sending.Byanalyzing the challenge,the author proposes some solutions to deal with the difficulty in applying offer withdrawal system in smart contracts,such as applying ageneral stipulationabout the offer withdrawal,classified remedies,and appropriate intervene in the agreement between the parties to the contract.