Contratos inteligentes: ¿prisioneros de su propia inmutabilidad? explorando las limitaciones de la ejecución automática

Abstract

This research aims to analyze the effective compliance of contractual obligations derived from smart contracts in the Ecuadorian context, considering their fundamental limits, such as rigidity and immutability. Through an interdisciplinary methodology and the use of a theory of definitions, various critical dimensions that affect the implementation and operation of smart contracts are addressed, such as technical, legal, economic and social limitations. From the technical field, challenges related to the fundamental characteristics that allow its correct conceptualization are identified. In the legal field, the difficulties in adapting the essential elements of traditional contracts to the context of smart contracts are analyzed. Finally, from the economic and social perspective, the existing limitations in the Ecuadorian context are explored, highlighting infrastructure barriers, digital education and socioeconomic factors that prevent effective adoption of this technology. This study offers a comprehensive analysis to understand the critical factors affecting the effective implementation and enforcement of smart contracts in the country.