Toward a legal framework for digital assets

Unidroit principles on digital assets and private law

Abstract

The digital revolution is leading to a profound global transformation of the economy and society. New intangible goods have appeared, among which are the so-called digital assets that represent a challenge for the legislator.Last September 2023, the Unidroit Organization published the Principles on Digital Assets and Private Law, which constitute a new harmonization instrument on this matter with the aim of providing legal certainty.This analysis is a first approach to these Principles and their main features. These Principles deal with the digital asset definition and establishes a regulatory framework to govern their transfer as an object of property and security rights, including their protection in cases of insolvency.