Digital assets and private law: is there a need for a uniform law?

Abstract

Abstract The various legislative initiatives around the world on the private law aspects of digital assets are a clear indication of both the importance and the urgency of preparing rules of law to adjust private law in general and secured transactions law in particular to address emerging technologies. All these initiatives raise the question whether principles would be sufficient or whether a uniform law would need to be prepared. The purpose of this article is not to attempt to answer this question but rather to advance the discussion setting out some arguments in favour and against, and to suggest a mechanism, a procedure through which States and industry could reach consensus on the most appropriate answers.