Prawo do jednostki kryptowaluty – uwagi de lege lata, prawnoporównawcze i de lege ferenda

Abstract

Despite the fact that cryptocurrency trading has been taking place in Poland for a dozen or so years, the issue of the existence and nature of the right to cryptocurrency units has not been resolved in civil law doctrine and case law. The legislature has also not taken any action in this regard, including in the draft act on the cryptoasset market currently in process. Meanwhile, this issue is of significant theoretical and practical importance. This article therefore examines the currently presented views together with their indicated consequences, and then supplements the ongoing discussion with comparative legal remarks usually omitted in Polish literature. In this respect, solutions proposed or in force in European Union, German, British and Chinese law are taken into account. This provides an opportunity to comment on existing concepts, in particular the rejection of the proposal to adopt in Polish law de lege lata the right to a unit of cryptocurrency, effective erga omnes (although with the submission of a de lege ferenda application), and the view that there is no substantive right in this respect. In conclusion, it is considered that currently in Poland, the right to a unit of cryptocurrency is of a relative nature.