Book contents
- The EU Law on Cryptoassets
- The EU Law on Cryptoassets
- Copyright page
- Contents
- Acknowledgements
- Table of Cases
- Table of Legislation
- Abbreviations
- 1 Introduction
- 2 The Setup of Cryptoasset Schemes
- 3 Cryptoasset Regulation in the System of EU Financial Law
- 4 Scope of MiCA
- 5 Prospectus Rules under MiCA and the Prospectus Regulation
- 6 Product Regulation of Stablecoins (E-money Tokens and Asset-Referenced Tokens) in Titles III and IV MiCA
- 7 Regulation of Cryptoasset Service Providers (Title V MiCA)
- 8 Crypto Custody
- 9 Crypto Investment Funds
- 10 Market Abuse and Insider Dealing Rules (Title VI MiCA)
- 11 Supervision and Supervisory Cooperation
- 12 The Pilot Regime for DLT Market Infrastructures
- 13 Private Law of Cryptoassets
- 14 AML/CTF Legislation on Cryptoassets
- 15 Cybersecurity and Digital Operational Resilience in Decentralised Finance
- 16 Remaining Regulatory Challenges in Digital Finance and Cryptoassets after MiCA
- Bibliography
- Index
13 - Private Law of Cryptoassets
Published online by Cambridge University Press: 28 February 2025
- The EU Law on Cryptoassets
- The EU Law on Cryptoassets
- Copyright page
- Contents
- Acknowledgements
- Table of Cases
- Table of Legislation
- Abbreviations
- 1 Introduction
- 2 The Setup of Cryptoasset Schemes
- 3 Cryptoasset Regulation in the System of EU Financial Law
- 4 Scope of MiCA
- 5 Prospectus Rules under MiCA and the Prospectus Regulation
- 6 Product Regulation of Stablecoins (E-money Tokens and Asset-Referenced Tokens) in Titles III and IV MiCA
- 7 Regulation of Cryptoasset Service Providers (Title V MiCA)
- 8 Crypto Custody
- 9 Crypto Investment Funds
- 10 Market Abuse and Insider Dealing Rules (Title VI MiCA)
- 11 Supervision and Supervisory Cooperation
- 12 The Pilot Regime for DLT Market Infrastructures
- 13 Private Law of Cryptoassets
- 14 AML/CTF Legislation on Cryptoassets
- 15 Cybersecurity and Digital Operational Resilience in Decentralised Finance
- 16 Remaining Regulatory Challenges in Digital Finance and Cryptoassets after MiCA
- Bibliography
- Index
Summary
The focus of EU lawmakers with regard to cryptoassets has been largely regulatory. Reflecting the fact that private law is predominantly under the control of the Member States, and without seeking to be comprehensive, Section 13 takes a comparative view on the private law topics most relevant to cryptoassets. It covers efforts to harmonise national private laws, refers to principles issued by UNIDROIT and the European Law Institute, and considers relevant MiCA provision with private law effects in mind. Section 13.2 covers property law, including the important rules of title and transfer when multiple parties have competing claims to the same cryptoasset. Section 13.3 addresses contract law, including “smart contracts”. Section 13.4 on company law discusses decentralised autonomous organisations (DAOs) and the prospect of collaboration on the blockchain constituting a partnership as the default legal form of business organisation. Section 13.5 covers tort law, before Section 13.6 provides an overview of the difficulties often faced with enforcement of claims related to cryptoassets. Section 13.7 concludes with a perspective on the prospects of a uniform private law for cryptoassets.
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- The EU Law on Crypto-AssetsA Guide to European FinTech Regulation, pp. 203 - 216Publisher: Cambridge University PressPrint publication year: 2025