Criptomoedas no contexto de insolvência

: em especial a apreensão, liquidação e a resolução em benefício da massa

Abstract

The present dissertation aims to study the phenomenon of cryptocurrencies, not from a holistic perspective, but specifically applied to the field of Insolvency Law. It primarily seeks to understand how the insolvency process should be conducted and adapted to the specificities of this new reality, in order to seize and liquidate any cryptocurrencies that a potential insolvent individual may possess. Starting from the assumption that cryptocurrencies, especially Bitcoin, should be equated with conventional currency, given that they were created with the purpose of establishing an alternative and decentralized means of payment, it is necessary to assess the legal treatment that best aligns with the principles and objectives of the insolvency process. Due to being a new form of money, albeit unique, new issues arise in the context of insolvency, particularly because we are dealing with a concept that features pseudonymity. There are transactions that do not reveal the identities of the parties involved, necessitating a progressive and adapted approach when examining classical legal concepts, such as the resolution for the benefit of the insolvent estate.

Date of Award	29 Jan 2024
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Maria de Fátima Ribeiro (Supervisor)