العقود الذكية وتنظيم العقد في القانون الليبي (إمكانية الاستقبال)

Abstract

This paper examines the concept of smart contracts based on artificial intelligence and blockchain technology as an emerging contractual model that diverges from both traditional and conventional electronic contracts in its structure and its autonomous execution without direct human intervention. The research seeks to assess the readiness of the Libyan legislative framework to accommodate this contractual transformation, amid rapid digital developments that have reshaped the legal theory of contract. Adopting both descriptive and analytical methods, the study is structured around two main axes: first, explaining the technical foundations of smart contracts and evaluating the adequacy of the current legislation governing them; and second, identifying the legal challenges they raise during both formation and execution, particularly regarding capacity, consent, formality, and unforeseen circumstances. The study concludes that the Libyan legal framework, despite incorporating preliminary elements for recognizing smart contracts through the Electronic Transactions Law No. 6 of 2022, still requires substantial reforms to ensure the proper integration of autonomous contracting while maintaining a balance between technological efficiency and the fundamental requirements of justice.