Digital Asset Capital Market Law: A New Discipline of Private Law
Digital Asset Capital Market Law: A New Discipline of Private Law
Author(s): Konrad ZACHARZEWSKISubject(s): Business Economy / Management, Civil Law, Financial Markets, ICT Information and Communications Technologies, Commercial Law
Published by: Akademia Leona Koźmińskiego
Keywords: MiCA Regulation; bitcoin; cryptocurrency; crypto-assets; capital market; crypto-asset capital market;
Summary/Abstract: The research objective of the publication is expressed in its content devoted to the general analysis of the solutions adopted in the draft regulation of the European Union on the digital asset market. The entry of this legal act into force will fill the so-called ‘regulatory gap’ as the digital asset sector is not regulated in the EU. The research approach has been determined by the subject of the legal analysis, namely the provisions of the proposed new EU regulation on the digital asset market. The study describes the proposed legal regulation and its systemic importance, as well as indicates the similarity of the proposed solutions to well-known legal institutions in the area of the capital market. The main theses are as follows: the proposed legal act will order the digital asset market in terms of law (firstly); the proposed legal act in terms of content is based on solutions provided for in the capital market law (secondly); the proposed legal act provides for legal institutions ensuring the so-called safety of trading (thirdly). The results should be considered original because the publication constitutes a pioneering study on the proposed legal act. With its entry into force (the date is unknown), a discussion on specific topics will begin in the science of law. Therefore, it is worth speaking up and evaluating the proposed regulation before the new law is passed. The cognitive value of the publication results from its pioneering nature, and the impact on social relations is significant.
Journal: Krytyka Prawa
- Issue Year: 13/2021
- Issue No: 2
- Page Range: 195-208
- Page Count: 14
- Language: English