Czy prawo francuskie może stanowić wzór dla regulacji realizacji zabezpieczeń na dobrach cyfrowych?

Abstrakt

The article characterises forms of security interest that may have digital assets as their object under French law, i.e. pledge, financial pledge and security fiduciary. It then categorises the methods of realisation of security interests into those based on the sale of goods and those based on the seizure of goods by the creditor, and analyses their advantages and disadvantages in relation to digital assets. It also addresses the question of how the specificity of digital assets require consideration of the will and cooperation of the parties vis-a-vis traditional security rights. The systematisation of French law on securities is complemented by the right of retention, the discussion of which was intended to answer the question of what relevance the actual authority and control over the digital asset has for the effective realisation of the security right.