Principle 3 General Principles
摘要
Principle 3 Unidroit DAPL Principles clarifies the basic rule on DAPL: proprietary rights can be applied to a digital asset (3.1). This is the bed-rock for all the Principles. Besides that, Principle 3 indicates what stands on each side between Principles law (based on Unidroit DAPL Principles) and other law (national law different to Unidroit DAPL Principles). Within Principles law ambit they have precedence over any other contradicting rule (3.2). Out of that, the other law prevails: if someone has proprietary rights on a digital asset, or he has validly transferred his asset, or he has construed a valid security right on his asset, the rights between a digital asset assignor and an assignee, as well as third party rights in case of a digital asset transfer or security rights (3.3). Going back in Principle 3 formation process history (inside Unidroit discussions and with its documents) which is the first section, it helps to understand the meaning of each Principle 3 aspect which is the second section. Concluding remarks constitute a third section.