LÓPEZ RODRÍGUEZ, ANA MERCEDES
No
Cuad. Derecho Transnac.
Article
Científica
International
01/01/2025
2-s2.0-105004193480
The emergence of blockchain technology and so-called Decentralized Autonomous Organizations (DAOs) poses significant challenges for private international law. This paper examines the legal nature and regulatory framework of DAOs, exploring how their decentralized character, lack of traditional legal personality, and global operation impact their integration into different legal systems. Additionally, it discusses the difficulties in determining judicial jurisdiction and the applicable law in disputes related to these organizations, with a particular focus on Spanish and European Private international law. In this regard, the article addresses the limitations of traditional connecting factors, such as registered office or place of incorporation, and suggests solutions based on the territorial connections of the promoters, when feasible. Finally, it reflects on the need for regulation that integrates DAOs into the existing legal framework, ensuring a balance between technological innovation and legal certainty © 2025 UNIV CARLOSIII MADRID. All rights reserved.
applicable law; Blockchain; corporate forum; DAOs (Decentralized Autonomous Organizations); decentralized governance; digital ecosystems; jurisdiction; lex societatis; Private International Law