Principle 12 Innocent Client
摘要
Principle 12 entitled “Innocent Client” is a materialization of the principle of innocent acquisition contemplated in Principle 8, but adapted to the specific circumstances that arise in custody. Consequently, both principles are closely linked. Principle 8 deals with the acquisition in good faith if the requirements of control and legitimacy of the digital asset are met. Principle 12 focuses on safeguarding the client's liability vis-à-vis third parties, since it is the custodian or sub-custodian who can truly know if there is legitimacy or specific control over the digital asset. Clients who need and require the help of a custodian for the management of digital assets do not have control over them and therefore, have no liability. Liability must be assumed by the custodian or sub-custodian in the case of claims. The innocent client, due to legal guarantees and promotion of the circulation of assets, is an unclaimable party. Principle 12 is a closure principle that seeks to provide greater legal certainty and agility to the transmission of digital assets, while facilitating the development of traceability monitoring protocols.