Ativos criptografados como garantia em contratos financeiros

• Autor(a) principal: Farrim, Pedro
• Data de Publicação: 2021
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Repositório Científico de Acesso Aberto de Portugal (Repositórios Cientìficos)
• Texto Completo: http://hdl.handle.net/10362/140404
• topic: Ativos criptografados; Garantia; Contratos financeiros; Bitcoin; Crypto assets; Collateral; Financial contracts; Direito

This Master’s Dissertation aims to analyze, from a legal perspective, the viability of crypto assets as collateral in financial contracts. We will propose a legal definition of the concept of crypto assets and, given its specific characteristics, two subconcepts deemed extremely relevant, “payment assets” and “investment assets”. To better understand these concepts, we will provide a technical explanation of Bitcoin and its underlying computer system, the crypto asset with the largest market capitalization, forerunner of this whole movement and the pioneer of Blockchain technology. Furthermore, we will discuss the nature and due legal treatment of these assets, assessing whether they may be classified – strictly for the application of the Portuguese Regime of Financial Guarantees’ Agreements (RJCGF) – as “money”, “securities” or “financial instruments”. We will also evaluate, from a practical standpoint, the suitability of these assets as collateral, its operational and procedural specifications and requirements for the conclusion and execution of the contract, emphasizing the most relevant regulatory and supervisory constraints. As a pre-conclusive note, we will expose the benefits that could be attained by using crypto assets as collateral in financial contracts for the respective counterparties, the Provider and the Beneficiary. We end with our Conclusions, where we will summarize the study on which this Dissertation is based on and our understanding regarding its most relevant aspects. KEY WORDS:,, Bitcoin.