Is there a legal obligation to add certain features to a smart contract allowing the creator to change items of the smart contract or the content of the NFT over time?

Select jurisdiction

Italy
  • Italy
  • Brazil
  • Poland

Italy

Generally, it is up to the creator to decide the content
and the features of the smart contract. However, when it comes to elements that are imposed by or against
the law or the public order, the Italian legal system imposes a legal obligation to act without violating them.
Thus, we can consider that as the only legal obligation in place when drafting a smart contract.

Camilla Ambrosino

Corporate M&A

Brazil

No, it depends on the will of the parties.

Poland

At this moment there is no legal regulation of smart contracts in Polish law. Moreover, one of the important contracting rules in force in Polish law is the principle of freedom of contract. Therefore, currently, there is no legal obligation to add certain features to a smart contract allowing the creator to change items of the smart contract or the content of the NFT over time.

Justyna Maria Bartoszek

FinTech, Crypto & Web3

We are a virtual law firm for web3 matters.

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