关键词: 智能合约, CISG, 要约, 承诺, 区块链

Abstract: Unlike the traditional form of contract expression, smart contracts are completely expressed in the form of program codes,and their execution links are controlled by the code of thecontracting parties.Therefore,it is particularly important to discuss the legal issues at the conclusion of smart contracts. Smart contracts reflect the decentralization, transparency,traceability,immediacy,and irrevocability of the block chain,and have played a positive role in modern digital transactions. From the perspective of international law, based on the United Nations Convention on International Contracts for the International Sale of Goods(CISG),the most widely applied uniform entity law in the field of international commercial contracts, the paper discusses the application of smart contracts under the current legal system, especially under CISG, and further discusses the institutional costs and legal boundaries of the block chain technology embodied in smart contracts. From the perspective of the composition of the contract, the smart contract,which is expressed entirely in code,can meet the requirements for offers and acceptance under CISG. From the legislative purpose of CISG,the application of smart contracts can improve transaction efficiency and promote the development of international commercial affairs. International commercial transactions formed in the form of smart contracts can be applied to CISG, and smart contracts are legal and effective under CISG. However, it can also be seen in the existing practice that there are still several legal regulations for the general application of smart contracts in transactions.The legal cost is high, and smart contracts cannot be widely applied unconditionally.

Key words: smart contract;CISG;offer;acceptance, block chain