Agustina Perez Comenale
Attorney and Notary
Agustina is an attorney and notary graduated from the University of Montevideo. She obtained a postgraduate degree in Notarial Updating Law and a “L.L.M” with a final research paper on smart legal contracts, both degrees from the University of Montevideo. As a student she participated in the International Commercial Arbitration Willem C. Vis Moot Court Competition in Vienna. She co-directs the notarial and real estate services of the Firm Olivera Abogados in Uruguay (Terralex member), and she is a member of the Committee on Commercial Law and the Committee on Computer and Technological Law of the Uruguayan Notary Public Association. (2020).
In the present work, a simple, non-exhaustive enumeration was carried out on some aspects to be considered in the previous stage and in the formation of an electronic contract (“contractware”), taking some mentions to consider and include in a Smart Contract and a Smart legal Contracts. Max Raskin holds it is “defined as the physical or digital instantiations of contract terms onto machines or other property involved in the performance of the contract.
By instantiation, we mean taking the terms of the agreement and either writing them into previously existing software or writing them into software that is connected in some way to a machine that implements the contract.” As it will be mentioned in this paper, one of the aspects that the parties must consider in the drafting of the contract (especially a smart contract or smart legal contract) is how to resolve any breach or damage that may arise from the obligation between the parties.