Powered by OpenAIRE graph
Found an issue? Give us feedback
addClaim

Blockchain Tokens From the Perspective of German Civil Law: An Updated View

Authors: Arnold J. F. Lukas;

Blockchain Tokens From the Perspective of German Civil Law: An Updated View

Abstract

Tokens are increasingly being generated on the basis of blockchain technology, which are intended to embody certain rights and obligations as cryptographically secured electronic coupons or digital coupons or vouchers . This paper provides an overview of the current state of affairs and the legal discussion of recent years and examines the extent to which blockchain tokens can be included under the existing German civil law framework of the BGB (German Civil Code). The key question is how goods can be legally represented ("tokenised") digitally and effectively by tokens instead of in documents. There are several approaches to make tokens marketable. Among them are also those that let the "right embodied in the token" follow the "right to -or ownership of- the token". This is followed by the question as to whether the data on the blockchain can provide sufficient evidence that may enable the purchase in good faith, since without that, secondary market trading is not viable. The article concludes with an outlook on possible solutions de lege ferenda, and looks into the question whether the Anti Money Laundering Directive 5 and the subsequent changes re. „Crypto Assets“ in German’y Banking Act, which came into effect Jan 01, 2020, have any civil law impact on tokens. This is an updated English version of https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3361976.

  • BIP!
    Impact byBIP!
    selected citations
    These citations are derived from selected sources.
    This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
    0
    popularity
    This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
    Average
    influence
    This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
    Average
    impulse
    This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
    Average
Powered by OpenAIRE graph
Found an issue? Give us feedback
selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average
Upload OA version
Are you the author of this publication? Upload your Open Access version to Zenodo!
It’s fast and easy, just two clicks!