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Author Topic: Legal nature of cryptocurrency  (Read 134 times)
lawstudenABZ2018 (OP)
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June 07, 2018, 01:04:39 PM
Last edit: June 07, 2018, 02:30:55 PM by lawstudenABZ2018
 #1

Hey guys!

I am a 4th-year law student in the UK and want to write a dissertation on legal nature of cryptocurrency. There are 3 predominant ideas regarding the topic. Firstly, some lawyers see it as money. The second view is that it is an obligation. And the last one, and the position mainly taken in the US, is that it is a commodity (like diamonds or oil).

I don't know anything about cryptocurrencies, and maybe someone could help with starting the research or maybe with some expert opinion on the issue?

Thank u very much in advance for any help!
KobbyC
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June 07, 2018, 02:10:01 PM
 #2

I will not compare cryptocurrency to money, but I will compare it to natural resources like Gold or Diamond. The difference is that cryptos are not seen and there is a very special technology behind it. The blockchain technology.
lawstudenABZ2018 (OP)
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June 07, 2018, 02:30:22 PM
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Sorry, I did a mistake in my post. The second view should be that it is an "obligation".

If u follow the view that it is a commodity, it is good for the industry (i.e. minimal regulation as the position can be very flexible). However, what if something goes wrong? What if the system will go bust? Essentially, how I so far see it, is that the system runs basically on the trust of bitcoin users and the economic forces such as supply and demand. Such approach creates high risks for crypto users... Or does it Huh
seoincorporation
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June 07, 2018, 03:13:51 PM
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Maybe this article helps: https://www.researchgate.net/publication/299132451_CRYPTO-CURRENCY_LEGAL_APPROACHES_TO_THE_CONCEPT_FORMATION

In this website, you will be able to find many researchers sharing their projects, as well as some articles.
There are others dedicated to the investigation, as Jstor or Academia.edu.

Please share your research. The law approaches to crypto are very interesting and I'm ignorant in the matter. Good luck with your work!

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KingScorpio
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June 07, 2018, 03:22:20 PM
 #5

Hey guys!

I am a 4th-year law student in the UK and want to write a dissertation on legal nature of cryptocurrency. There are 3 predominant ideas regarding the topic. Firstly, some lawyers see it as money. The second view is that it is an obligation. And the last one, and the position mainly taken in the US, is that it is a commodity (like diamonds or oil).

I don't know anything about cryptocurrencies, and maybe someone could help with starting the research or maybe with some expert opinion on the issue?

Thank u very much in advance for any help!


in short:
you have interest groups that push their version of it

the banks want money earning cattle, and those under their umbrella, support the banks

then there are those that are disadvantaged by the banks as the banks run a pyramid system, so they naturally exist.

from that comes the idea to say cryptocurrencies are obligations or not money,

but to be honest, the us dollar is also an obligation then, but why a commoditiy? this doesnt make sense at all a commodity should be something in the productive industry somewhint out of matterm but also there definitions vary.


so to give you a really good understanding whats going on in the market and debate:

there are interest groups defending their power, and groups seeking to grow power,

all discusion and legitimisation discussions are some kind of results of that conflict between those interest groups that partitially also hide themselves or use others to speak for them.

i end this with an article from my blog that nearly shows some of the character between the definitions and how they are interest driven.

in some really nasty part of the conflicts its all about the position to define and hold the power of the money earning cattle.

lawstudenABZ2018 (OP)
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June 07, 2018, 07:45:11 PM
 #6

Maybe this article helps: https://www.researchgate.net/publication/299132451_CRYPTO-CURRENCY_LEGAL_APPROACHES_TO_THE_CONCEPT_FORMATION

In this website, you will be able to find many researchers sharing their projects, as well as some articles.
There are others dedicated to the investigation, as Jstor or Academia.edu.

Please share your research. The law approaches to crypto are very interesting and I'm ignorant in the matter. Good luck with your work!

Thank you very much for your response!

My work is due March 2019 so my work is going to be done around that time. And of course I will share it here, and if you would be interested I will send it to you when I am going to be done via email.

Once again, thank you very much for your response!
jyotsna060278
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June 08, 2018, 09:32:42 AM
 #7

I think  cryptocurrency is an asset rather than money, can be used as hidden asset, not legal in many countries, but now many big countries like US, Japan, Australia making it legal bring crypto to also be used as legal money, and even it is accepted as ATM withdrawal and many payment systems. I think in some time in future 2 or 3 years, crypto is a major part of worldwide payment system.
lawstudenABZ2018 (OP)
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June 08, 2018, 12:01:22 PM
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I think  cryptocurrency is an asset rather than money, can be used as hidden asset, not legal in many countries, but now many big countries like US, Japan, Australia making it legal bring crypto to also be used as legal money, and even it is accepted as ATM withdrawal and many payment systems. I think in some time in future 2 or 3 years, crypto is a major part of worldwide payment system.

Well, I don't doubt the fact that crypto will become an important payment system. I would slightly correct you on the point of US. If bitcoin, for example, is considered as a commodity and it is used to exchange for another good, it would be barter and not a sales contract. A contract of sale of goods is a contract by which the seller transfers or agrees to transfer the property in goods to the buyer for a money consideration, called the price. Meanwhile, exchange of good A for a good B is barter.

So for example, if we agree that I will exchange some oil for something of yours (I don't know let's take pizza for example), this would be barter. If we replace oil with bitcoin, it would still be barter, if we follow the US position upon the crypto.

I hope that it makes sense...
seoincorporation
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June 08, 2018, 01:42:58 PM
 #9


My work is due March 2019 so my work is going to be done around that time. And of course I will share it here, and if you would be interested I will send it to you when I am going to be done via email.


Maybe this is better if you write an article in here as well as your research advances. It will be truly informative for all us and a great contribution to the forum itself. Once concluded your research, share it with all the forum, I'm sure many of us will be happy to read your work!!!
Of course, I will be glad if you send me a PM and share with me your effort.
Best of luck, mate!! Is that your very first research??

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 MΞTAWIN  THE FIRST WEB3 CASINO   
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