Inhaltsverzeichnis
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I. Introduction
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A. Bitcoins as a new currency based on a new technology
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B. Challenges for lawyers and lawmakers
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C. Question: ownership and segregation of Bitcoins
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II. The law pertaining to Bitcoins
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A. Comparative viewpoints
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1. Introductory remarks
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2. Germany
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3. Netherlands
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4. Spain
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5. United States
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B. The different legal relationships (applicable law)
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1. The applicable private international law of the forum
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2. Legal relationship between sender and receiver of Bitcoins
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2.1. Problem of qualification
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2.2. Qualification as rights in rem
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2.3. Qualification as a contractual relationship
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2.4. Third approach: lex fori according to Article 15 SPILA
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3. The legal relationship between the service provider and the customer
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3.1. Choice of law clause
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3.2. Contractual relationship
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4. Conclusions
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III. Two private law issues on Bitcoins under Swiss law
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A. Ownership and property of Bitcoins under Swiss law
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1. Common core of ownership laws and principles
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2. Principles of property law
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3. Ownership in Swiss law
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3.1. Concept
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3.2. Definition of an «object» under Swiss law
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3.3. Exceptions and deviations from the traditional definition
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3.4. Functional approaches to tangible objects and concepts of ownership
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4. Are Bitcoins objects in the sense of Articles 641 and 714 SCC?
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4.1. Digital data
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4.2. Impact of the decentralised structure of Bitcoins
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4.3. Legal consequences of the decentralised structure of Bitcoins
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5. Conclusions
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B. Practical impact: the example of segregation in case of bankruptcy
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1. Starting point: different transaction concepts used by service providers
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2. Principle of segregation in general
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3. Segregation of «stored» Bitcoins with a service provider (ownership scenario)
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3.1. Users control of their Bitcoins
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3.2. Relationship between sender and receiver
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3.3. Relationship between service provider and customer
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3.4. Similarities between intermediated securities and Bitcoins
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3.5. Bankruptcy scenarios
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4. Contractual perspective and possible claims (no ownership scenario)
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4.1. Introductory remarks
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4.2. Contract between the sender and the receiver of Bitcoins
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4.3. Contract between the service provider and its customer
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4.4. Consequences in case of bankruptcy
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IV. Conclusions
