Regulación de los smart Contracts especial referencia al sector financiero

Abstract

This doctoral thesis addresses a complex and topical issue. Complex, because it is not possible to study it from a legal point of view, without prior knowledge of the underlying technology -blockchain. And current, because this technology has already had a profound impact on the financial sector in a broad sense, coinciding with a regulatory trend on the subject that has no regulatory precedent to rely on. The financial world, banking law, securities law and commercial contracts face challenges that cannot be ignored. In this research work an approach to this technology is made from a legal perspective, assessing to what extent the legal system is adapting to the required pace, to what extent the current legal regime offers solutions and can be applied, with slight adaptations, to this new economic-mercantile reality; and, finally, what are the differential elements and characteristics of the applications of blockchain technology, which must be taken into account for an adequate regulation of the same, which responds to the problems they pose. Knowing the utilities, risks and advantages are essential elements to consider in the regulatory process, which has already been initiated and led by the EU, in its desire to bet on digital innovation in the economy of the Eurozone