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The foreword explains that the Principles aim to be technology-neutral and jurisdictionally agnostic, filling existing gaps and adding legal certainty within pre-existing domestic private-law regimes. Rather than replacing national law, they identify areas requiring legal clarification and provide guidance through an accompanying Commentary.",{"@graph":69,"@context":123},[70,84,106],{"@type":71,"itemListElement":72},"BreadcrumbList",[73,77,79,82],{"item":74,"name":75,"@type":76,"position":8},"https://docshare.wps.com","Home","ListItem",{"item":78,"name":9,"@type":76,"position":14},"https://docshare.wps.com/document/",{"item":80,"name":40,"@type":76,"position":81},"https://docshare.wps.com/document/research-report/",3,{"item":83,"name":65,"@type":76,"position":19},"https://docshare.wps.com/document/unidroit-principles-on-digital-assets-and-private-law/292421/",{"url":83,"name":65,"@type":85,"image":86,"author":91,"headline":65,"publisher":94,"fileFormat":97,"inLanguage":63,"description":67,"dateModified":98,"datePublished":99,"encodingFormat":97,"isAccessibleForFree":100,"interactionStatistic":101},"DigitalDocument",{"url":87,"@type":88,"width":89,"height":90},"https://docshare.wps.com/thumbnails/unidroit-principles-on-digital-assets-and-private-law/292421.png","ImageObject",300,407,{"name":92,"@type":93},"Violet","Person",{"url":74,"name":95,"@type":96},"DocShare","Organization","application/pdf","2026-10-26","2026-09-17",true,{"@type":102,"interactionType":103,"userInteractionCount":105},"InteractionCounter",{"@type":104},"ViewAction",14,{"@type":107,"mainEntity":108},"FAQPage",[109,115,119],{"name":110,"@type":111,"acceptedAnswer":112},"What is the main purpose of the UNIDROIT instrument?","Question",{"text":113,"@type":114},"To fill gaps and add legal certainty for the proprietary use of digital assets under existing domestic private-law regimes, focusing on issues that require legal clarification.","Answer",{"name":116,"@type":111,"acceptedAnswer":117},"How does the instrument handle different technologies and jurisdictions?",{"text":118,"@type":114},"It is designed to be technology-neutral and jurisdictionally agnostic, offering guidance that is not tied to a specific moment or technology.",{"name":120,"@type":111,"acceptedAnswer":121},"How were the Principles developed and adopted?",{"text":122,"@type":114},"A Working Group prepared draft principles over multiple sessions, with input from a Steering Committee and a public online consultation, leading to final adoption by the UNIDROIT Governing Council in 2023.","https://schema.org",{"og:url":83,"og:type":125,"og:title":65,"og:site_name":95,"og:description":67},"article",{"robots":127,"canonical":83},"index,follow",{"doc_id":129,"site_id":62},292421,1789651160,{"code":4,"msg":5,"data":132},{"doc_id":129,"user_id":133,"nickname":92,"user_avatar":134,"doc_module":4,"category_id":39,"category_name":40,"doc_title":65,"doc_description":67,"doc_content":135,"file_id":136,"file_url":137,"file_type":138,"file_size":139,"view_count":105,"is_deleted":4,"is_public":8,"is_downloadable":8,"audit_status":8,"page_count":140,"language":141,"language_code":63,"site_id":62,"html_lang":63,"table_of_contents":142,"faqs":143,"seo_title":144,"seo_description":67,"update_tm":130,"read_time":145,"preview_page_count":4},4398048950312,"https://ap-avatar.wpscdn.com/avatar/400002538284de19e3c?_k=1778320343897328908","UNIDROIT PRINCIPLES  \nON DIGITAL ASSETS AND PRIVATE LAW  \nUNI DR O IT  \nUNIDROIT  \nInternational Institute for the Unification of Private Law  \nUNIDROIT PRINCIPLES  \nON  \nDIGITAL ASSETS  \nAND PRIVATE LAW  \nSuggested form of citation:  \nUNIDROIT Digital Assets and Private Law Principle 2(2)  \nPublished by the  \nInternational Institute for the Unification of Private Law (UNIDROIT)  \nVia Panisperna, 28-00184 Rome-ITALY  \nISBN: 978-88-86449-49-6 Copyright © UNIDROIT 2023  \nFOREWORD  \n-I  \nIntroducing a new instrument is always a reason for celebration. After years −foryears it takes − of sowing, the time to harvest the crop arrives and, with it, the actual realisation of our mandate. A new instrument marks the successful ending of a process where considerable effort and resources have been spent. Few projects have required as much effort − and used as many resources − as the Principles on Digital Assets and Private Law. A new topic covering a new reality which moves at a speed which is dificult to make compatible with the usual timing of transnational law, and which is fundamentally at odds with the carefully pondered, slow motion of Government interaction as well as with the complex debates involving experts with a global membership, each potentially with a diverse vision of reality. In addition to the speed at which the conception and use of digital assets may potentially mutate, the unpredictable evolution of technology presented another layer of complexity.  \nStaving off all those risks was a challenge which had to inform the approach to the instrument. This explains the search for a technology-neutral, legal system-neutral, jurisdictionally agnostic solution to the fascinating legal problems encountered in the process. This instrument is not a solution for a given moment andfor a specific technology, but a thorough analysis of the main private law issues that could arise when dealing with digital assets in the market. It is essentially a transactional instrument, which seeks to assist legislators and users in solving the complexities that concern the proprietary use of digital assets.  \nA classic transnational law instrument codifies best practices. An initial step of this codification consists of identifying those legal regimes that have proved to work better in practice. This project was also different in this regard. The novelty of the subject matter was such that no specific private law rules had emerged, anywhere, as the better solution. Hence, the discussion at the Working Group level was in good part an original attempt at creating − not merely identifying − an international standard on the proprietary aspects ofdigital assets. UNIDROIT has served, thus, as the venue where experts from all representative legalfamilies and systems converged to determine the most adequate solutions, an extraordinary service to the international legal community. This explains, naturally, the prudent approach adopted by the Principles, which only cover those areas where the nature and characteristics of digital assets required legal clarification or where ad hoc solutions were demanded. The rest − the majority − ofprivate law matters are left to domestic law, although, even where reference is made to “other law”(as it is  \ncalled), helpful guidance and legal analysis is provided in the Commentary, apart of the instrument which is almost as important as the blackletter Principles themselves. Rather than providing a comprehensive, new private law framework, the purpose of the instrument is to fill existing gaps and add legal certainty in the application to digital assets ofa pre-existing nationalprivate law regime.  \n-II  \nThe General Assembly of UNIDROIT, at its 79th session (Rome/Zoom, 17 December 2020) assigned the highest level of priority to the project for the development of an international instrument on digital assets and private law. On this basis, a Working Group on Digital Assets and Private Law was established by UNIDROIT. The Wo","cbCaiv47RlIGQp32","https://ap.wps.com/l/cbCaiv47RlIGQp32","pdf",1518566,143,"English","# Foreword\n## Purpose and scope\n## Governance and consultation process","[{\"question\":\"What is the main purpose of the UNIDROIT instrument?\",\"answer\":\"To fill gaps and add legal certainty for the proprietary use of digital assets under existing domestic private-law regimes, focusing on issues that require legal clarification.\"},{\"question\":\"How does the instrument handle different technologies and jurisdictions?\",\"answer\":\"It is designed to be technology-neutral and jurisdictionally agnostic, offering guidance that is not tied to a specific moment or technology.\"},{\"question\":\"How were the Principles developed and adopted?\",\"answer\":\"A Working Group prepared draft principles over multiple sessions, with input from a Steering Committee and a public online consultation, leading to final adoption by the UNIDROIT Governing Council in 2023.\"}]","UNIDROIT Principles - On Digital Assets and Private Law | PDF",360]