IDEAS home Printed from https://ideas.repec.org/p/hal/journl/hal-03467266.html
   My bibliography  Save this paper

La regulación de las monedas digitales: experiencias compartidas desde el derecho europeo y francés

Author

Listed:
  • Luis Roman Arciniega Gil

    (UCL - Université catholique de Lille, CERAPS - Centre d'Etudes et de Recherches Administratives, Politiques et Sociales - UMR 8026 - Université de Lille - CNRS - Centre National de la Recherche Scientifique)

Abstract

This article addresses the social phenomenon of monetary creation, in the digital world, that has been growing steadily in recent years. The aim is to share the experience of the European and French law in its attempt to determine the legal status of the so-called digital currencies, particularly considering the blockchain as the technical aspect that characterizes their creation and operation. The methodology employed is based on documentary research and analysis of the various legal sources, specifically doctrine, legislation, and case law. The study points out that a regulation of the blockchain as the basic element of cryptocurrencies is essential; a pragmatic approach in the legal qualification of such technical element according to the different uses that can be made of it; as well as the need for a harmonized international agreement considering its crossborder nature to provide legal certainty to users. In conclusion, digital currencies cannot be qualified as legal tender. However, the fact that they are socially accepted as means of payment, as well as their multifaceted character that lends them to various purposes, make the legal actors to adopt a pragmatic approach framing them legally according to the use that is made of them.

Suggested Citation

  • Luis Roman Arciniega Gil, 2021. "La regulación de las monedas digitales: experiencias compartidas desde el derecho europeo y francés," Post-Print hal-03467266, HAL.
    • Handle: RePEc:hal:journl:hal-03467266
    DOI: 10.32719/26312484.2021.36.2
    Note: View the original document on HAL open archive server: https://hal.univ-lille.fr/hal-03467266
    as

    Download full text from publisher

    File URL: https://hal.univ-lille.fr/hal-03467266/document
    Download Restriction: no
    File URL: https://libkey.io/10.32719/26312484.2021.36.2?utm_source=ideas
    LibKey link: if access is restricted and if your library uses this service, LibKey will redirect you to where you can use your library subscription to access this item
    ---><---

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:hal:journl:hal-03467266. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no bibliographic references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: CCSD (email available below). General contact details of provider: https://hal.archives-ouvertes.fr/ .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.