Digital Assets in Enforcement and Insolvency Securing Creditor Access and Protecting Customer Interests in the Crypto World
Produktdetaljer
Biografisk notat
Christian Koller is Professor of European and International Civil Procedure Law and Vice-Dean of the Law Faculty at the University of Vienna, Austria.
Matthias Lehmann is Professor of Private Law, International Private Law and Comparative Law at the University of Vienna, Austria and Professor of European and Comparative Business Law at Radboud University Nijmegen, the Netherlands.
This book offers the first comprehensive analysis of the national and international legal issues surrounding digital assets in enforcement and insolvency.
Its primary aim is to ensure that the economic value of digital assets can be fully realised by creditors and other stakeholders through the legal processes and remedies available to them, and that holders of digital assets receive adequate protection. These legal issues are considered in diverse commercial and technical contexts, ranging from native cryptocurrencies to token, whether held directly or with custodians and other intermediaries.
The book offers analysis on different levels: Firstly, it scrutinises the existing legal frameworks for enforcement and insolvency in various countries and evaluates the extent to which they can accommodate digital forms of value; secondly, it compares the approaches taken in different jurisdictions and addresses the cross-border issues of jurisdiction and conflict of laws issues that may arise; and thirdly, it focuses on international texts, such as the UNIDROIT Principles on Digital Assets and Private Law, as well as the Global Code of Digital Enforcement, and suggested avenues for further harmonisation and unification of the law.
The book provides much-needed responses to the increasing significance of digital assets in modern insolvency and enforcement proceedings. It takes a unique global approach to a wide range of legal perspectives, drawing upon the contributors’ experience as leading practitioners, representatives of international organisations, and academics, in common law and civil law jurisdictions around the world. The book identifies the most pressing areas for law reform, and proposes solutions that are both legally robust as well as fit for practical purpose.
Preface, Teresa Rodríguez de las Heras Ballell (University Carlos III, Spain)
Part I: Overarching Issues
1. Introduction, Christian Koller (University of Vienna, Austria) and Matthias Lehmann (University of Vienna, Austria)
2. Proprietary Rights in Digital Assets, Louise Gullifer (University of Cambridge, UK)
3. Digital Assets in Insolvency and Enforcement Proceedings: Some Insights from UNIDROIT’s Work, Anna Veneziano (UNIDROIT, Italy) and Teresa Rodríguez de las Heras Ballell (University Carlos III, Spain)
4. The Role of the Situs of Digital Assets for Enforcement and Insolvency Proceedings, Michael Ng (Singapore University of Social Sciences)
Part II: Enforcement in Digital Assets
5. The Global Code on Digital Enforcement, Jos Uitdehaag (International Union of Judicial Officers, Netherlands)
6. Proper Procedure for the Enforcement of Money Claims in Digital Assets, Dominik Skauradszun (Fulda University, Germany)
7. How to Find Digital Assets of the Debtor – A View from Practice of Insolvency Administration, Anna K Wilke (Flöther & Wissing, Germany)
8. Interim Remedies in Crypto Fraud Cases, Nik Yeo (Fountain Court Chambers, UK)
Part III: Insolvency in Digital Assets
9. Digital Assets in Insolvency Law’s Maze: Key Issues and Possible Solutions, Matthias Lehmann (University of Vienna, Austria)
10. Digital Assets in Enforcement and Insolvency from a Liechtenstein Legal Perspective, Thomas Nägele (NÄGELE Attorneys at Law LLC, Liechtenstein) and Markus Stelzl (Inmann Stelzl & Partner, Liechtenstein)
11. Crypto Custody in Insolvency: An Empirical View, Dirk Zetzsche (University of Luxembourg) and Areti Nikolakopoulou (University of Luxembourg)
12. Crypto Assets in Insolvency – Rights of Crypto Asset Holders under Austrian Law, Oliver Völkel (Stadler Völkel, Austria)
13. Protection of Holders of Crypto Assets under French Law, Hubert de Vauplane (Kramer Levin LLP, France)
14. Insolvencies of Crypto Exchanges: Experiences of Japan, Tetsuo Morishita (Sophia University, Japan)
15. Settlement Finality and Legal Certainty in Proof-of-Work Blockchain, Hossein Nabilou (University of Amsterdam, Netherlands)
16. Finality, Rights in Rem, and the Blockchain: Can Transactions in Crypto Assets be Set Aside? Amy Held (University of Vienna, Austria)
17. Property Rights in Digital Assets under Uniform State Laws in the United States, Benjamin Geva (University of Toronto, Canada)
Stimulating works on commercial law, banking and finance, and the law on insolvency and bankruptcy.
This series offers a venue for publishing works on commercial law as well as on the regulation of banking and finance, and the law on insolvency and bankruptcy. It publishes works on the law on secured credit, the regulatory and transactional aspects of banking and finance, the transactional and regulatory institutions for financial markets, legal and policy aspects associated with access to commercial and consumer credit, new generation subjects having to do with the institutional architecture associated with innovation and the digital economy including works on blockchain technology, works on the relationship of law to economic growth, the harmonisation or unification of commercial law, transnational commercial law, and the global financial order. The series promotes interdisciplinary work. It publishes research on the law using the methods of empirical legal studies, behavioural economics, political economy, normative welfare economics, law and society inquiry, socio-legal studies, political theory, and historical methods. Its coverage includes international and comparative investigations of areas of law within its remit.
Produktdetaljer
Biografisk notat
Christian Koller is Professor of European and International Civil Procedure Law and Vice-Dean of the Law Faculty at the University of Vienna, Austria.
Matthias Lehmann is Professor of Private Law, International Private Law and Comparative Law at the University of Vienna, Austria and Professor of European and Comparative Business Law at Radboud University Nijmegen, the Netherlands.