Determination of the law applicable to the virtual currency transactions concluded on financial markets Cover Image

La determination la loi applicable pour les transactions sur les monnaies virtuelles conclus sur le marche financier
Determination of the law applicable to the virtual currency transactions concluded on financial markets

Author(s): Michał Mariański
Subject(s): Law on Economics, Financial Markets
Published by: Wydawnictwo Uniwersytetu Warmińsko-Mazurskiego w Olsztynie
Keywords: virtual currency; financial market; financial instrument; law applicable; contractual obligation

Summary/Abstract: Determination of the law applicable to transactions related to virtual currency is a very important issue related to the security and stability of the functioning of today s financial markets. Problems with the legal qualification of virtual currencies, result in the fact that they are viewed differently by different legal systems, even within the European Union. It is important to underline, that some countries recognize these titles as legal payment instruments, other prohibit the sale, and some cannot accurately determine their status (such as Poland and France). Given the above, in order to enable any control and ensure the safety of virtual currencies market it is necessary to at least specify how we can determine the law applicable to such transactions. In this article, depending on whether we qualify virtual currency as financial instruments or as contractual obligations, the author considers either to use link of the account location of these assets held by the intermediary or the link of freedom of choice by the parties.

  • Issue Year: 2016
  • Issue No: 33
  • Page Range: 165-174
  • Page Count: 10
  • Language: French