Cryptocurrencies in Public and Private Law

Erscheinungsjahr 2019
ISBN: 978-0-19-882638-5
Verlag: Oxford University Press (UK)

Buch, Englisch, 358 Seiten, Print PDF, Format (B × H): 175 mm x 250 mm, Gewicht: 797 g

This book examines how cryptocurrencies based on blockchain technologies fit into existing general law categories of public and private law. The book takes the common law systems of the United Kingdom as the centre of its study but extends beyond the UK to show how cryptocurrencies would be accommodated in some Western European and East Asian legal systems outside the common law tradition.

By investigating traditional conceptions of money in public law and private law the work examines the difficulties of fitting cryptocurrencies within those approaches and models. Fundamental questions regarding issues of ownership, transfer, conflict of laws, and taxation are addressed with a view to equipping the reader with the tools to answer common transactional questions about cryptocurrencies.

The international contributor team uses the common law systems of the United Kingdom as a basis for the analysis, but also looks comparatively to other systems across the wider common law and civil law world to provide detailed examination of the legal problems encountered.

Autoren/Hrsg.

Fox, David

Green, Sarah

Fachgebiete

• Rechtswissenschaften Ausländisches Recht Common Law (UK, USA, Australien u.a.)
• Rechtswissenschaften Internationales Recht und Europarecht Internationales Recht Internationaler Gewerblicher Rechtsschutz, Medien-, IT- und Urheberrecht

Inhaltsverzeichnis

- 1: David Fox: Cryptocurrencies: The Underlying Technology

- 2: David Fox: It's Virtually Money

- 3: Charles Proctor: Cryptocurrencies in International and Public Law Conceptions of Money

- 4: Corrine Zellweger-Gutknecht: Developing the Right Regulatory Regime for Cryptocurrencies and other Value Data

- 5: Andew Dickinson: Cryptocurrencies and the Conflict of Laws

- 6: Sarah Green: Cryptocurrencies in the Common Law of Property

- 7: Dann Carr: Cryptocurrencies as Property in Civilian and Mixed Legal Systems

- 8: Kelvin Low and Wu Ying-Chieh: The Characterisation of Cryptocurrencies in East Asia by Kelvin Low and Wu Ying-Chieh

- 9: Chris Hare: Bitcoin and Banking: Are there Lessons to Learn?

- 10: Anne Fairpo: Taxation of Cryptocurrencies

- 11: Benjamin Geva and Dorit Geva: Non-State Community Virtual Currencies

Über Autor(innen)

David Fox holds the Chair of Common Law at the University of Edinburgh. His teaching and research interests range across the law of property, trusts, and money in the common law and civil law traditions. His publications include Fox, D: Property Rights in Money, (OUP, 2008) and Fox, D, & Ernst, W (eds): Money in the Western Legal Tradition (OUP 2016). He is the contributor of the trust law chapters of McGhee, J (ed): Snell's Equity, 33rd (Sweet and Maxwell 2015).

Sarah Green is the Professor of Private Law at the University of Bristol. She worked in information technology practice before moving into legal academia. Professor Green has published widely, including two books: Green, S: Causation in Negligence (Hart, 2014) and Green, S, & Randall QC, J: The Tort of Conversion (Hart 2009). Her principal teaching is in the fields of Torts, Personal Property and Contract, reflecting her research focus in private and commercial law.