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Bitcoin - Legal Aspects and Regulation
Moravec, Jiří ; Kohajda, Michael (advisor) ; Kotáb, Petr (referee)
in English The motivation for this thesis is to analyze Bitcoin as Bitcoin is still a new phenomenon and requires an economical, legal, and legislative evaluation. In this thesis we seek an answer to the question what is Bitcoin. This thesis is divided into three main blocks, within them we use analytical, descriptive, and comparative methods. In the first part, we aim mostly on the economic side of Bitcoin, comparing Bitcoin to money in general sense. In the second part, we argue whether Bitcoin shall be considered a thing in a legal sense under the Czech law. In the third part, we describe the current Bitcoin's regulatory situation and suggest a drafting of Bitcoin specific regulation. The conclusion of this thesis is that Bitcoin is a digital medium of exchange that cannot be considered money or currency. To the extent, Bitcoin might be interpreted in ways where it does not satisfy the legal definition of a thing in legal sense, but for regulatory purposes it shall be, at least for now, considered a thing in legal sense. We also suggest that Bitcoin shall be systematically regulated by imposing various duties on persons who's scope of business is relating to the Bitcoin.
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Bitcoin - Legal Aspects and Regulation
Moravec, Jiří ; Kohajda, Michael (advisor) ; Kotáb, Petr (referee)
in English The motivation for this thesis is to analyze Bitcoin as Bitcoin is still a new phenomenon and requires an economical, legal, and legislative evaluation. In this thesis we seek an answer to the question what is Bitcoin. This thesis is divided into three main blocks, within them we use analytical, descriptive, and comparative methods. In the first part, we aim mostly on the economic side of Bitcoin, comparing Bitcoin to money in general sense. In the second part, we argue whether Bitcoin shall be considered a thing in a legal sense under the Czech law. In the third part, we describe the current Bitcoin's regulatory situation and suggest a drafting of Bitcoin specific regulation. The conclusion of this thesis is that Bitcoin is a digital medium of exchange that cannot be considered money or currency. To the extent, Bitcoin might be interpreted in ways where it does not satisfy the legal definition of a thing in legal sense, but for regulatory purposes it shall be, at least for now, considered a thing in legal sense. We also suggest that Bitcoin shall be systematically regulated by imposing various duties on persons who's scope of business is relating to the Bitcoin.
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Thing in a legal sense
Szostok, David ; Elischer, David (advisor) ; Thöndel, Alexandr (referee)
in english This work deals with institute of things in a legal sense in new civil code (Act. n. 89/2012 civil code) recently issued on our territory. New conception of the things in a legal sense brings entirely new aspect in comparison with former conception in which things were not defined at all. New definition of things returns to the conception being in effect on our territory at times of the so called "First Republic" in which was conception receptioned from the Austria civil code. After preface work proceed to the genesis of the term of the things in legal sense in ours civil codes being in effect in history of our country. Following chapter deals with the new aspect of the definition and mainly analyses its conditions which concrete estate has to fulfil to be proclaimed as a thing in a legal sense by definition of the civil code (usefulness, difference from the person, manageability). There is very often used as a source the doctrines and jurisprudence from the epoch of the first republic. It is logical because of the identical definition of the things in a legal sense. Next subhead deals with condition of utility of the things where analytically finding conclusion about necessity or this condition and how this condition will affect some estate in a way being or not being things in a legal...
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