Naslov
Characterisation of Cryptoassets as a Separate Category of Digital Assets

Autori
Golub, Jura

Vrsta, podvrsta i kategorija rada
Poglavlja u knjigama, pregledni

Knjiga
Balkan Yearbook of European and International Law 2022

Urednik/ci
Kunda, Ivana et al

Izdavač
Springer International Publishing

Grad
Cham

Godina
2023

Raspon stranica
191-216

ISSN
2524-8715

Ključne riječi
Blockchain ; Cryptoassets ; Digital assets ; Legal nature ; Rights in rem

Sažetak
Transactions with cryptoassets are a social trend due to unconventional trading and greater security, but also due to the exceptional profitability of certain types of cryptoassets. Despite the reality of their existence, insufficient regulation of private law relations with regard to such assets is noticeable in most legal systems, which is the cause of legal uncertainty. Different types of cryptoassets do not have equivalent content. Exchange tokens do not incorporate any right of an obligatory character, while utility tokens have a link to the holder’s right to access goods or services. From the perspective of comparative law, security tokens are particularly interesting. Although its civil law is fundamentally based on the pandect system, German law has defined crypto securities as things (res). On the other hand, Swiss law defined ledger-based securities as rights. There is an obvious conflict between various legal approaches conditioned by legal traditions and readiness for private law reforms. Therefore, it is necessary to consider defining the legal nature of cryptoassets in a more appropriate manner, i.e., the rights which exist as related to cryptoassets and, in particular whether there are exclusive rights of an obligatory character or perhaps even the rights in rem.

Izvorni jezik
Engleski

Znanstvena područja
Pravo

POVEZANOST RADA