Dalla lex mercatoria alla RegTech: la circolazione transnazionale delle valute virtuali alla prova della disciplina giuridica

From lex mercatoria to RegTech: the transnational circulation of virtual currencies to the test of legal discipline

Abstract

This work intends to investigate possible regulatory alternatives of virtual currencies, in the light of the globality of the phenomenon and the absence of a complete discipline in subiecta materia. One wonders if the most effective solution can be identified among universally shared disciplinary models that are able to ensure, in the context of techno-finance, the overcoming of sovereign logic, based on local forms of intervention, which do not appear adequate to regulate the phenomenon in question. To this end, both the criticalities linked to the multiform legal nature of virtual currencies and those deriving from the regulatory approaches that, at present, can be found in the supranational legislative landscape have been identified.