Criptoactive și măsuri asigurătorii instituite în procesul civil
Crypto assets and precautionary measures instituted in the civil trial

Summary/Abstract: The concept of „blockchain” or distributed ledgers (DLT) involves the journaling of some operations in a database consisting of sequential blocks of data that are added chronologically based on the consensus of network operators.This technology represents the basis of the upward evolution, worldwide, of some economic exchange systems with a high level of trust of the participants in such a business network. The systems developed in the technologies based on the “blockchain” concept could allow certain administrators to clearly define the roles, responsibilities, access levels and validation rights of the participants.Global trade is based on an estimated EUR 16 trillions1 supply chain sector, where high transaction costs and burdensome administrative formalities lead to complex processes and systems, likely to be affected by errors.By counterbalancing these disadvantages, the systems developed based on the blockchain concept have a significant potential to improve transparency and traceability throughout the supply chain, to increase the level of trust of participants in a certain network, to streamline the customs controls and the compliance with regulations, to reduce the trading costs, to strengthen data immutability and security, and act as an anti-corruption tool.However, the potential benefits are accompanied by even more challenges, such as cyber security, as blockchain technologies continue to evolve in the field of international trade, and therefore, while requiring an approach favourable to innovation, favouring and encouraging, it requires, equally, a serious approach from the perspective of regulating the operations carried out through these mechanisms, precisely to reduce the risks to which those who operate on an unregulated market are exposed.From this perspective, we intend to identify some problems that may arise in the matter of precautionary measures, both from a normative point of view and from the point of view of putting these measures into practice, in the context where the virtual assets traded in systems based on blockchain technologies have already become a reality for some time and their value is continuously increasing.

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