法律英语词汇“cryptoasset”的翻译、意思、用法、释义-法律词典

单词

cryptoasset

释义

cryptoasset
(cryptocurrency, crypto) A digital asset controlled and secured by complex cryptography and verifiable via a “blockchain”. The blockchain is the electronic infostructure that supports the exchange of these assets and can be compared to a form of ledger; however, rather than being held centrally the “ledger” is distributed across a vast self-sustaining network of computer systems, with any change requiring verification and approval via timestamp. As a result these assets are very secure and their owners remain anonymous.

The legal status of cryptoassets has been a matter of some contention. The New Zealand High Court in Ruscoe v Cryptopia Limited (in liquidation) [2020] NZHC 728 held that digital assets constitute intangible personal property and can therefore be the subject matter of a trust. The judgment addresses the question as to whether there is any distinction between digital assets and “pure information”, which had hitherto been a sticking point. The court held, per Lord Wilberforce’s judgment in National Provincial Bank Ltd v Ainsworth [1965] AC 1175 (HL) at 1247–48, that digital assets satisfy the definition of property owing to them being definable, having a degree of permanence or stability, and being identifiable by and capable of assumption by third parties: “the assets are concerned with the legal rights that affect strangers to bilateral transactions” and are “potentially desirable to third parties such that they would want themselves to obtain ownership”. The growing popularity of digital assets has led to the cryptocurrency Bitcoin being adopted as legal tender by El Salvador. However, because they are not backed by any physical commodity or any government declaration as to value or legality, such assets have been subject to wide fluctuations in price.

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