The legal nature of price in the contract of sale: An ancient ius controversum of roman jurisprudence applied to cryptocurrencies; La naturaleza jurídica del precio en el contrato de compraventa: Un antiguo ius controversum de la jurisprudencia romana proyectado en las criptomonedas

Identifier:  imarina:9475572

Handle: https://hdl.handle.net/20.500.11797/imarina9475572

Authors:  Jordán; AG

Abstract:
This study aims to shed light on a current debate in Spanish and international civil doctrine regarding cryptocurrencies and their role as payment methods and as the price in contracts of sale; a topic of interest from a legal perspective also to specialists in commercial, administrative, criminal, and tax law. The phenomenon of cryptocurrencies has revived an old discussion between the Sabinian and Proculian schools concerning the nature of the price in contracts of sale; namely, whether it should consist solely of money or could also comprise other goods (Gai. 3, 141). Divergent doctrinal views on the legal nature of cryptocurrencies—i.e., whether they should be considered digital currencies or intangible assets—have led us to examine the Roman sources and the historical-doctrinal formation of the Spanish Civil Code in order to delineate the boundaries between sale and exchange, reflect on the true legal nature of the price as an element of the contract of sale, and specifically analyze whether cryptocurrencies can be regarded as constituting the price in such contracts. © 2025 Institute for Social, Political and Legal Studies. All rights reserved.