How private law is about to change?

ARNAU SALAT│09/01/2023

New practices brought by the current technology advances are already changing the way private law is going to be seen in the following years. Our understanding of civil law is about to radically change, the only question is how long will it take.

While new technologies are coming by, the European legal System and the respective member states codes are being actualized to enable justice courts to respond to the latest tech derived juridical controversies. That is, however, somewhat logical, nothing you couldn’t already know. Justice practice has always evolved hand to hand with social changes, but what is there to come is a total disruption of legal stablished practices.

The judicial System will not be totally substituted by machines as some conspiracy theorists spread, at least not in the short term. Meanwhile, there is no doubt that what is globally recognized as legal tech will have a lot to say in the way practicians develop their tasks. The broke out of new technical solutions are going to enhance the slow-going judicial procedures of daily practice. Notwithstanding, the idea of this article wasn’t to deepen on how legal tech is going to contribute on getting rid of the most monotonous law firm’s tasks, but to focus on tech law (the body of law that governs the use of technology).

A part from the aftermentioned substantial changes, legal self-protection will become the next product of the widespread of technology. Web3 will soon bring the opportunity to program smart contracts with outexecuting resolutions of the eventual contractual controversies.

Still, this outcoming tendency, which could discharge estate justice system, will not completely substitute it. Traditional courts would have the last word when were required to cover those black holds, which technology can’t already fix. For instance, traditional courts would need to intervene so as to solve contractual obligations derived from good faith principle in case those were essential in order settle a legal solution according to the respective legislations.

That sounds great, isn’t it? However, would smart contracts be enforceable? Although, law has been one of the most immutable practices and thereof law’s collision with technology is already rising traditional practicians apprehensiveness, the adoption of smarts contracts it’s nothing more than a new contractual format, which in most of the legal systems contract format is normally accepted to be freely chosen. Thus, the base of its regulation has already been settle for years, it just have to be completed.

Another important thing to bear in mind is that new professionals would be needed. Parties would need to trust a technical expert to either capture the parties’ agreement in code or in order to understand what will they be giving their consent to. And here it is when the problem arises. Non-lawyers typically can even understand simple short-form agreements. But a non-programmer would be at a total loss to understand even the most basic smart contract.

So, as a consequence, as long as this new actor couldn’t be replaced by AI, a new liberal profession, or better said, a new lawyering high-tech specialization would need to emerge. By the way, this technical professional should actually be given more authority than a traditional attorney, for the reason that would become rulers at the say time.

Nonetheless, it is obvious that there is still a long way to go, it is worth regarding to be explored. Just imagine how many people would then have access to justice. Even though most of us take it for guaranteed, only 33% of the Americans who experienced a legal problem in the past two years were able to access help. Sticking with this numbers might help us considering if enough efforts are being done in order to solve this silenced global issue.

How private law is about to change?

ARNAU SALAT│09/01/2023

New practices brought by the current technology advances are already changing the way private law is going to be seen in the following years. Our understanding of civil law is about to radically change, the only question is how long will it take.

While new technologies are coming by, the European legal System and the respective member states codes are being actualized to enable justice courts to respond to the latest tech derived juridical controversies. That is, however, somewhat logical, nothing you couldn’t already know. Justice practice has always evolved hand to hand with social changes, but what is there to come is a total disruption of legal stablished practices.

The judicial System will not be totally substituted by machines as some conspiracy theorists spread, at least not in the short term. Meanwhile, there is no doubt that what is globally recognized as legal tech will have a lot to say in the way practicians develop their tasks. The broke out of new technical solutions are going to enhance the slow-going judicial procedures of daily practice. Notwithstanding, the idea of this article wasn’t to deepen on how legal tech is going to contribute on getting rid of the most monotonous law firm’s tasks, but to focus on tech law (the body of law that governs the use of technology).

A part from the aftermentioned substantial changes, legal self-protection will become the next product of the widespread of technology. Web3 will soon bring the opportunity to program smart contracts with outexecuting resolutions of the eventual contractual controversies.

Still, this outcoming tendency, which could discharge estate justice system, will not completely substitute it. Traditional courts would have the last word when were required to cover those black holds, which technology can’t already fix. For instance, traditional courts would need to intervene so as to solve contractual obligations derived from good faith principle in case those were essential in order settle a legal solution according to the respective legislations.

That sounds great, isn’t it? However, would smart contracts be enforceable? Although, law has been one of the most immutable practices and thereof law’s collision with technology is already rising traditional practicians apprehensiveness, the adoption of smarts contracts it’s nothing more than a new contractual format, which in most of the legal systems contract format is normally accepted to be freely chosen. Thus, the base of its regulation has already been settle for years, it just have to be completed.

Another important thing to bear in mind is that new professionals would be needed. Parties would need to trust a technical expert to either capture the parties’ agreement in code or in order to understand what will they be giving their consent to. And here it is when the problem arises. Non-lawyers typically can even understand simple short-form agreements. But a non-programmer would be at a total loss to understand even the most basic smart contract.

So, as a consequence, as long as this new actor couldn’t be replaced by AI, a new liberal profession, or better said, a new lawyering high-tech specialization would need to emerge. By the way, this technical professional should actually be given more authority than a traditional attorney, for the reason that would become rulers at the say time.

Nonetheless, it is obvious that there is still a long way to go, it is worth regarding to be explored. Just imagine how many people would then have access to justice. Even though most of us take it for guaranteed, only 33% of the Americans who experienced a legal problem in the past two years were able to access help. Sticking with this numbers might help us considering if enough efforts are being done in order to solve this silenced global issue.

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