FILLING THE GAP: EU PRIVATE INTERNATIONAL LAW AND RIGHTS IN REM OVER CRYPTO-ASSETS

Abstract

This research explores whether the growing legal complexity surrounding crypto-assets should serve as a turning point for the EU to adopt unified conflict-of law rules specifically for rights in rem over crypto-assets. Although the EU has shown dynamic regulatory activity in PIL under Article 81(2) TFEU, its competence is limited in matters concerning property regimes due to the neutrality principle set forth in Article 345 TFEU. Each Member State retains autonomy over substantive property law, and this fragmentation is reflected at the PIL level as well. The paper argues that, in light of the inherently cross-border nature and rising economic significance of crypto-assets, the EU should seriously consider developing unified conflict-of-law rules applicable to rights in rem over crypto-assets in order to enhance legal certainty, coherence, and the integrity of the EU internal market.