La responsabilidad contractual y extracontractual de los NFTS desde la perspectiva europea

Resumo

The purpose of this paper is to delimit both contractual and non-contractual civil liability that covers the world of Non Fungible Tokens (NFTs) and their commercialization based on the interpretation of the current European and Spanish regulations as well as the new regulatory proposals. The main characteristic of non-fungible tokens, in the technological context, is that it is a unique token compared to others. NFTs can represent any property, service or right, as a certificate of authenticity and originality of what it represents, therefore, a value is exchanged on the network between parties safely and with full traceability, in addition, guarded and marketed thanks to the distributed ledger technologies (DLT) and Smart Contracts for their execution. It is necessary to take into account legal obligations and requirements that may be affected depending on the configuration of the token itself, the trading platform or the underlying property or service that the token is intended to represent.