PRAVNA PRIRODA KRIPTOIMOVINE U PRAVU EUROPSKE UNIJE I HRVATSKOM PRAVU
LEGAL NATURE OF CRYPTO-ASSETS IN THE EUROPEAN UNION LAW AND THE CROATIAN LAW

Summary/Abstract: The concept of crypto-assets was introduced into the EU legal order with the entry into legal force of the Markets in Crypto-Assets Regulation (MiCAR). This legislation represents the most ambitious, even if still not comprehensive, legislative regulation of the field of crypto-assets in the world. The new Regulation presents a series of questions and challenges to legal practice and theory. Framework of this research aims to provide a basis for facing them by elaborating the legal nature and structure of crypto-assets. The paper firstly provides an overview of the development of the concept of patrimony throughout history and in theory, legislation and practice. The paper defines the term and elaborates the legal nature of crypto-assets, placing it in the general theoretical concept of patrimony. Following conceptualization, the paper elaborates on legal structure crypto-assets relying on the regulatory approach of the MiCAR that produces technical and token-centric structuring of crypto-assets.

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