UNIDROIT Principles on Digital Assets and Private Law

Carmen Pastor Sempere is Full Professor of Commercial Law at the University of Alicante. Her research areas include e-commerce, payment methods, social economy, sustainability, blockchain, and crypto-assets. She is the author of four monographs and more than 200 contributions to national and international conferences, indexed journals, and book chapters. Carmen is the Principal Investigator of the excellence group "Present and Future of Crypto-Asset Regulation in the EU [LegalCripto]," Prometeo Project 2023 (CIPROM/2022/26).David Morán Bovio is Full Professor of Commercial Law at the University of Cádiz. He has worked extensively in the field of international trade law. He was a member of the academic team representing Spain at UNCITRAL (1987-2014) and has been a correspondent for UNIDROIT since 1994. He also serves as the academic coordinator for the University of Cádiz teams participating in arbitration and commercial law Moots.

• Part I – Introductory Chapters.- Brief Overview of UNIDROIT Principles on Digital Assets and Private Law.- UNIDROIT Principles on Digital Assets and Private Law – A Comparison to the Uniform Commercial Code, with an Emphasis on Control, Transfer, Custody, Innocent Acquirers, and Secured Transactions.- The right of control over electronic negotiable documents and electronically documented rights and goods.- Definition and Holdership of Digital Assets after Two and a Half Decades of Evolution of the Notion of Control.- Verified Carbon Credits as Digital Assets.- Part II – Reflections on the Introduction to the UNIDROIT Principles.- Commentary on the Introduction to the Introduction to the UNIDROIT Principles on Digital Assets and Private Law.- Part III – Reflections on Section I: Scope and Definitions.- Principle 1. Scope.- Principle 2. Definitions.- Principle 3. General principles.- Principle 4. Linked Assets.- Part IV – Reflections on Section II: Private International Law.-Principle 5. Applicable Law.- Part V – Reflections on Section III: Control and Transfer.- Principle 6. Control.- Principle 7. Identification of a Person in Control of a Digital Asset.- Principle 8. Innocent Acquisition.- Principle 9. Rights of the Transferee.- Part VI – Reflections on Section IV: Custody.- Principle 10. Custody.- Principle 11. Duties Owed by a Custodian to its Client.- Principle 12. Innocent client.- Principle 13.Insolvency of a Custodian and Creditor Claims.- Part VII – Reflections on Section V: Secured Transactions.- Principle 14. Secured Transactions: General.- Principle 15. Control as a method of Achieving Third-Party Effectiveness.- Principle 16. Priority of security rights.- Principle 17. Enforcement of Security Rights.- Part VIII – Reflections on Section VI: Procedural Law Including Enforcement.- Principle 18. Procedural Law Including Enforcement.- Part IX – Reflections on Section VII: Insolvency.- Principle 19. Effect of Insolvency on Proprietary Rights in Digital Assets.