Brief Overview of Unidroit Principles on Digital Assets and Private Law

Professor Hideki Kanda as U nidroit Working Group on Digital Assets and Private Law (DAPL) Chairman played a central role on the U nidroit Principles DAPL evolution and final result. Anything that he can write on that issue will be scrutinized in the future as a complementary source to the documents already presented in U nidroit’s website. Professor’s Kanda contribution is centred in a selection of the main aspects that DAPL Principles offer to the international community: first, the borderline between Principles law and other law with some clarification on what ought to be found on each side of the fence, and second, a collection of DAPL aspects that the U nidroit Principles clarify: the notion of digital asset as subject of proprietary rights, including security rights, and as a transferable asset. The role of the custodian and the way to avoid an insolvency administrator considering the custodian client’s digital assets as a part of the custodian estate.

Custodians · digital assets · Insolvency · insolvency administrator · legal nature of digital assets · Private international law · proprietary rights · security rights · Conflict of Laws and Jurisdiction · Digital Transformation in Law · Digitalization, Law, and Regulation