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UNIDROIT Principles on Digital Assets and Private Law: Context, Content, Perspectives

Edited by: Carmen Pastor Sempere, David Amable Moran Bovio

ISBN13: 9783032110008
To be Published: February 2026
Publisher: Springer International
Country of Publication: Switzerland
Format: Hardback
Price: £44.99





This open access book presents the Unidroit Principles on Digital Assets and Private Law (DAPL) with comprehensive context and expert perspectives. The first part introduces the DAPL framework, its development, and future prospects, featuring contributions on its formation and influence. Key figures, including Professor Hideki Kanda and Professor Steven Weise, discuss major issues and highlights, followed by a Q&A with Professor Edwin Smith on integrating digital assets into the U.S. UCC. The “Right of Control” section includes practical exercises and explores its central role in DAPL’s evolution, concluding with an application to verified carbon credits.

The following parts offer detailed reflections on each of the 19 Principles. Each reflection follows a consistent structure: the Principle’s text, commentary, illustrative examples, and explanations, all grounded in official Unidroit documents. The book clarifies the rationale, aims, and drafting process behind each Principle, showing their relevance and alignment with international standards.

This resource is invaluable for lawmakers, judges, lawyers, entrepreneurs, and students seeking clear guidance on interpreting and applying the DAPL Principles to digital assets law.

Subjects:
Intellectual Property Law
Contents:
Part I - Introductory Chapters
Brief Overview of UNIDROIT Principles on Digital Assets and Private Law
UNIDROIT Principles on Digital Assets and Private Law - A Comparison to the Uniform Commercial Code, with an Emphasis on Control, Transfer, Custody, Innocent Acquirers, and Secured Transactions
The right of control over electronic negotiable documents and electronically documented rights and goods
Definition and Holdership of Digital Assets after Two and a Half Decades of Evolution of the Notion of Control
Verified Carbon Credits as Digital Assets

Part II - Reflections on the Introduction to the UNIDROIT Principles
Commentary on the Introduction to the Introduction to the UNIDROIT Principles on Digital Assets and Private Law

Part III - Reflections on Section I: Scope and Definitions
Principle
1. Scope
Principle
2. Definitions
Principle
3. General principles
Principle
4. Linked Assets

Part IV - Reflections on Section II: Private International Law
Principle
5. Applicable Law

Part V - Reflections on Section III: Control and Transfer
Principle
6. Control
Principle
7. Identification of a Person in Control of a Digital Asset
Principle
8. Innocent Acquisition
Principle
9. Rights of the Transferee

Part VI - Reflections on Section IV: Custody
Principle
10. Custody.- Principle
11. Duties Owed by a Custodian to its Client
Principle
12. Innocent client
Principle
13.Insolvency of a Custodian and Creditor Claims

Part VII - Reflections on Section V: Secured Transactions
Principle
14. Secured Transactions: General
Principle
15. Control as a method of Achieving Third-Party Effectiveness
Principle
16. Priority of security rights
Principle
17. Enforcement of Security Rights

Part VIII - Reflections on Section VI: Procedural Law Including Enforcement
Principle
18. Procedural Law Including Enforcement

Part IX - Reflections on Section VII: Insolvency
Principle
19. Effect of Insolvency on Proprietary Rights in Digital Assets