Digital technology-based solutions for enhanced effectiveness of secured transactions law:the road to perfection?
        Articles
                     
                
        Overview
published in
- Law and Contemporary Problems Journal
publication date
- May 2018
start page
- 21
end page
- 44
issue
- 1
volume
- 81
full text
International Standard Serial Number (ISSN)
- 0023-9186
abstract
-     
    	This article has two objectives. First, the article examines how the
 incorporation of specific digital technologies to the different stages of secured
 transactions could mitigate the imperfections of the secured transactions system
 and enhance its effectiveness. To begin with, an envisioned integrated ecosystem
 of smart property and self-executed smart contracts for security agreements
 could effectively reduce verification and monitoring costs. Next, a fully
 automatic electronic—maybe, blockchain-based—registry fed by a (IoT)
 network of interconnected assets would dramatically improve the accuracy of
 consistently-updated registered information. Furthermore, implanted AI-based
 solutions could be used to detect changes of circumstances and deviations from
 agreed provisions. Finally, AI-guided smart contracts could assist in decisionmaking
 to prevent breaches and automatically enforce remedies.8 Second, given
 this backdrop, the article focuses on some of the legal implications for secured
 transactions legal system and assesses whether the current legal framework is
 prepared to face the challenges inherent to these new technologies, to exploit the
 multitude of opportunities presented by the technologies, and to manage the
 involved risks. Alternatively, if the current system is incapable of taking on this
 challenge, this article will consider an appropriate legal response.
Classification
subjects
- Law
keywords
- digital technology; collateral security; blockchains; internet of things; commercial law
