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Enforcement of security over digital assets: the importance of pre-emptive structural design
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As digital assets become central collateral in international banking traditional lex situs rules are increasingly inadequate for decentralised ledger systems. The absence of a fixed legal location creates significant jurisdictional uncertainty
in determining proprietary rights and enforcement.
This article examines the evolving legal framework for enforcing security over digital assets shifting the focus from location-based analysis to a functional nexus grounded in technical and commercial realities. Drawing on English case law and the 2023 UNIDROIT Principles it proposes a structured approach to cross-border enforcement...
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