Los activos criptográficos como objeto de un contrato de compraventa.

Abstract

This research work focuses on the purchase agreement and its use for the acquisition of cryptographic assets, previously analyzing the constitution of a purchase agreement, its historical evolution, and its essential elements, as well as the origin of cryptocurrencies, since in some countries in which they are considered assets, and that already allow their purchase and sale. I have carried out this investigation, if the current regulations allow for this type of contract to be used. The approach of a legal problem that derives in the recommendation of a regulation on this subject, since the current regulations do not prohibit the performance of these activities, however, there is no organic law where it is allowed and regulated at the same time, establishing limitations. The nature of cryptocurrencies is analyzed, given that it is studied whether cryptocurrencies as the object of a sale fits into the regulations of the Ecuadorian Civil Code that regulates it, where it concludes in a legal vacuum, leaving the door open to the purchase and sale. Of these cryptographic assets, governed by the Kelsen principle, between private parties everything can be done that is not prohibited by law. For this reason, we will analyze the figure of the sales contract and if a cryptographic asset fits as its object.