Legal nature of cryptocurrencies: a comparative study between Brazil and Argentina with the countries of the Iberian Peninsula

• Autor(a) principal: Cordeiro Candido, Joelma
• Data de Publicação: 2023
• Outros Autores: Duarte Romero, Enrique
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Scientia Iuris (Online)
• Texto Completo: https://ojs.uel.br/revistas/uel/index.php/iuris/article/view/45244
• topic: Criptomoedas. Moeda. Natureza jurídica. Meio de pagamento.; Cryptocurrencies. Coin. Legal nature. Means of payment.

In order to obtain an approximation of the concept and legal nature of cryptocurrencies, we approach this theme through a dogmatic-legal study and comparison between the different theoretical and bibliographical sources of each of these countries, focusing more on the official institutions of each of them. , however, cryptocurrencies, including Bitcoin, have positioned themselves in the market as a means of payment and exchange, lacking legal regulation, becoming a good that to date has a high economic value, however, far from a regulation that can provide its users with guarantee and security in its operation. In relation to its legal nature, for which, it will be compared in the course of this study with the legislation of the Member States of these economic blocs. It was difficult to arrive at a univocal concept, because according to the analysis of the possible concept that the Civil Code of these States can offer, what these States have in common is the non-adoption of cryptocurrencies as legal tender and compulsory means of payment. However, despite its volatility which is warned by the competent bodies, these States do not prohibit its commercialization and recognize it as an asset.