Smart Contracts and Contract Law Doctrine: Reconciling Self-Execution with Doctrines of Intent and Consent

Abstract

Smart contracts represent one of the most transformative developments in contemporary private law, introducing automated, blockchain-based mechanisms that perform contractual obligations without human intervention. Their core features—self-execution, immutability, and reliance on coded logic—challenge foundational doctrines that have traditionally governed contract formation and enforcement. This narrative review examines the doctrinal tensions that arise when automated systems intersect with legal principles rooted in human intention, interpretive flexibility, and evaluative judgment. It explores how smart contracts complicate determinations of intent and consent, particularly when user interactions are interpreted as binding commitments despite limited understanding of the underlying code. The analysis highlights issues related to mistake, error, fairness, and interpretation, emphasizing that immutable execution can conflict with doctrines designed to prevent unjust outcomes. At the same time, the review identifies emerging mechanisms capable of harmonizing automation with legal doctrine. These include hybrid contract models that integrate natural language terms with executable code, layered architectures that separate legal and technical functions, reinterpretive approaches that reconceptualize intent as intent to automate, and standardization efforts that promote uniformity and predictability. Innovations in dispute resolution, including governance layers, reversible execution pathways, and both on-chain and off-chain adjudication systems, further support doctrinal compatibility. By synthesizing legal, technical, and regulatory perspectives, this review demonstrates that reconciliation is achievable when smart contracts are designed and interpreted through frameworks that respect both technological capabilities and the human-centered values of contract law. The findings suggest a path toward integrating automated performance into traditional legal systems while maintaining the substantive principles that ensure fairness, clarity, and legitimacy in contractual relationships.