Commentary on the “Introduction to the Unidroit Principles on Digital Assets and Private Law”
摘要
The Introduction to the Unidroit Principles on Digital Assets serves a dual purpose. First, it provides an overview of the Principles, emphasising their objectives and the guidelines that informed their conception and drafting. Second, it offers a concise summary of the key features of certain Principles. For a deeper understanding of these features, referring directly to each Principle and its corresponding Commentary is advisable. Accordingly, the focus here will primarily be on the first purpose. The overarching aim of the Unidroit Principles is to facilitate transactions involving digital assets by promoting efficiency and predictability. These goals are intended to lower transaction costs and foster the broader adoption of digital asset transactions in international trade. To achieve this, the Principles establish foundational rules to guide various stakeholders, including transaction parties, legal advisors, and industry professionals. Additionally, the Principles serve as a model or reference for legislators, contributing to harmonising legal frameworks (legislative guidance). They are also designed to assist adjudicators—judges and arbitrators—in resolving disputes, offering practical utility across jurisdictions (jurisdictional neutrality). The Principles adopt a “minimum intervention” approach, focusing primarily on the novel legal challenges posed by digital assets while encouraging States to develop substantive laws governing digital rights and relationships. Furthermore, their scope is intentionally limited to private law matters, leaving each jurisdiction to determine how these Principles should integrate into its legal system (organisational neutrality). Finally, the Principles define their scope of application, explicitly excluding topics such as intellectual property, consumer protection, and regulatory business rules.