Naslov (eng)

Pledge and fiducia on digital assets as a basis for separate or exclusion rights in bankruptcy proceedings

Autor

Kozar, Vladimir

Publisher

Opis (eng)

ABSTRACT: Based on the Law on Digital Assets, 2020, this paper analyzes pledge and fiducia on digital assets as a basis for exercising separate (secured) or exclusion (repossession) rights in bankruptcy proceedings. A pledge on digital assets is created by registration in a special register maintained by an authorized service provider, which simultaneously prevents further disposal of the pledged asset. In the event of the pledgor's bankruptcy, the pledge creditor has the status of a separate (secured) creditor enabling priority settlement from the value of the pledged digital asset - including out-of-court sale, if allowed by the bankruptcy judge through the lifting of the statutory prohibition of individual enforcement and settlement, whereby a bona fide purchaser acquires ownership free of encumbrances Fiduciary transfer of ownership of digital assets leads to a dual legal position: if the contract is concluded solely for the purpose of security, the fiduciary (fiduciary creditor) is considered a separate (secured) creditor in the bankruptcy of the fiduciary debtor (fiduciant), and has the right to priority settlement from the proceeds of the sale of that asset. However, if the fiducia is concluded for any other purpose (e.g., for the management of digital assets), and bankruptcy proceedings are opened against the fiduciary, the fiduciant acquires the status of an excluding (repossession) creditor, i.e., the right to segregate the digital asset from the bankruptcy estate of the fiduciary. This research aimed to clarify the legal nature and bankruptcy treatment of pledges and fiduciary transfers on digital assets, using the normative-legal and comparative method. The paper concludes that the statutory distinction between these security interests in digital assets enables adequate creditor protection in bankruptcy, while registration ensures necessary publicity and legal certainty.

Jezik

engleski

Datum

2026

Licenca

Ovo delo je licencirano pod uslovima licence
Creative Commons CC BY 4.0 - Creative Commons Autorstvo 4.0 International License.

http://creativecommons.org/licenses/by/4.0/legalcode

Predmet

Keywords: digital assets; pledge; fiducia; separate (secured) right; exclusion (repossession) right

Deo kolekcije (1)

o:1575

Pravni fakultet za privredu i pravosuđe