Selected conflict-of-law issues related to digital currency

This paper discusses the problem of Central Bank Digital Currency (CBDC) in relation to conflict-of-law legislation. It aims to examine the suitability of currently applicable private international law provisions as an instrument for resolving conflict-of-law disputes related to monetary (currency) transactions under civil law with a foreign element. To achieve this goal, it analyses the definition of money and its interpretations in private law, followed by an overview of possible CBDC models. The findings facilitate the understanding of digital currency in private international law and examine the criteria for determining the jurisdiction of a specific legal order. Safe and efficient international transactions with CBDC are conditioned and guaranteed by legal certainty in cross-border relations. The future shape of the regulatory framework depends on the selected organizational and legal model for the issuance and use of CBDC.

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Publication Details

Journal
PRAWO i WIĘŹ
Published
2025-03-30
DOI
https://doi.org/10.36128/priw.vi53.1056
Primary Topic
The Impact of Diversity and Innovation on Society
Type
article
Field-Weighted Citation Impact
0.00

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article

Selected conflict-of-law issues related to digital currency

Marcin Glicz
PRAWO i WIĘŹ
The Impact of Diversity and Innovation on Society
article

Selected conflict-of-law issues related to digital currency

Marcin Glicz
article en

Abstract

This paper discusses the problem of Central Bank Digital Currency (CBDC) in relation to conflict-of-law legislation. It aims to examine the suitability of currently applicable private international law provisions as an instrument for resolving conflict-of-law disputes related to monetary (currency) transactions under civil law with a foreign element. To achieve this goal, it analyses the definition of money and its interpretations in private law, followed by an overview of possible CBDC models. The findings facilitate the understanding of digital currency in private international law and examine the criteria for determining the jurisdiction of a specific legal order. Safe and efficient international transactions with CBDC are conditioned and guaranteed by legal certainty in cross-border relations. The future shape of the regulatory framework depends on the selected organizational and legal model for the issuance and use of CBDC.

PRAWO i WIĘŹVol. 53(6)
Uniwersytet Pomorski w Słupsku (PL)
University of Oxford
Openalex Percentile: Top 79%
The Impact of Diversity and Innovation on Society
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