新加坡（二）：私法与判例法——Alexander Ressos博士著作《新加坡与瑞士数字资产法》（Digital Assets Law in Singapore and Switzerland）的一部分。
新加坡（二）：私法与判例法：Alexander Ressos博士著作《新加坡与瑞士数字资产法》（Digital Assets Law in Singapore and Switzerland）的一部分。
本部分属于Alexander Ressos博士的著作新加坡与瑞士数字资产法，全书在本站逐节完整发布。
新加坡之二：私法与判例法
Singapore has no statute that tells a court what a crypto asset is. The Payment Services Act 2019 defines a digital payment token for licensing purposes. Read more Singapore · Private Law财产问题为何重要
Whether a crypto asset is property is the question on which every other private-law consequence depends. Read more Singapore · Private Law四项判决
The first Singapore cryptocurrency trial arose from a malfunction on the Quoine exchange on 19 April 2017. Read more Singapore · Private Law“权利物”对托管、信托和破产意味着什么
The practitioner should resist reading ByBit as a technical footnote, because the classification has consequences. A thing in action is the archetypal subject matter of an express trust. Read more Singapore · Private Law法律委员会的第三类财产与新加坡是否跟随
The Law Commission of England and Wales published its final report on digital assets on 28 June 2023 and a supplemental report with a draft Bill on 30 July 2024. Read more Singapore · Private Law新加坡判例一览表
The table shows the shape of the law: not one of the property holdings was reached after contested argument between represented parties on the specific point, and the Court of Appeal has still not… Read more Singapore · Private Law对特定资产的影响
Bitcoin, ether and fiat-referenced stablecoins are all property on the authorities above. Stablecoins raise the additional question whether the holder also has a contractual claim against the issuer. Read more Singapore · Private Law反对观点及其局限
Two lines of criticism of the Singapore position deserve mention. Read more Singapore · Private Law信托：新加坡应对托管风险的答案
Singapore has no statutory segregation rule for crypto assets in insolvency. Read more Singapore · Private Law明示信托与三项确定性
An express trust arises only where the settlor manifests an intention that the trustee hold property for the benefit of another. No particular words are needed. Read more Singapore · Private LawQuistclose信托
A Quistclose trust arises where money or other property is transferred for a specified purpose on terms that it is not at the free disposal of the recipient. Read more Singapore · Private Law作为受托人的托管人
Until 2024 whether a Singapore crypto custodian was a trustee depended entirely on its terms. Read more Singapore · Private Law《1967年受托人法》与受托人的义务
A trustee of a Singapore-law trust has the general power of investment conferred by s 4 of the Trustees Act 1967, which allows the trustee to make any investment that an absolute owner could make,… Read more Singapore · Private Law《2005年信托公司法》
Carrying on trust business in Singapore requires a licence under the Trust Companies Act 2005 unless an exemption applies. Read more Singapore · Private Law推定信托与归复信托
Trusts arising by operation of law are the subject of Chapter IV, where they appear as remedies for fraud and mistake. One point belongs here. Read more Singapore · Private Law跨境信托
Singapore is not a party to the Hague Trusts Convention of 1 July 1985. Read more Singapore · Private Law陷阱与反对观点
Three recurring errors deserve a warning. The first is the belief that calling an arrangement "custody" makes it a trust. It does not. The word describes a service. Read more Singapore · Private Law合同：客户真正的保护
Most of what a customer of a Singapore crypto platform can expect is written in the platform's terms of service. The property analysis of Chapter I tells the customer that tokens can be owned. Read more Singapore · Private Law服务条款：合同订立与条款纳入
A customer who ticks a box marked "I agree to the Terms" when opening an account has assented to those terms under ordinary principles of offer and acceptance. Read more Singapore · Private Law单方错误与算法交易
Singapore's law of unilateral mistake is set by Chwee Kin Keong v Digilandmall. Read more Singapore · Private Law智能合约与《2010年电子交易法》
A smart contract is a program on a blockchain that executes predetermined actions when specified conditions are met. Read more Singapore · Private Law免责条款与《1977年不公平合同条款法》
Platform terms contain extensive exclusions and limitations of liability. Singapore's Unfair Contract Terms Act 1977, a re-enactment of the English statute, controls them in three ways. Read more Singapore · Private Law消费者保护
The Consumer Protection (Fair Trading) Act 2003 gives consumers remedies against suppliers who engage in unfair practices, including misleading representations, taking advantage of a consumer's… Read more Singapore · Private Law平台特有条款及法院的解读
The last row deserves comment. Read more Singapore · Private Law合同法与平台：与瑞士的比较
Swiss contract law reaches many of the same results by different means. The Code of Obligations does not know a general reasonableness test for exclusion clauses. Read more Singapore · Private Law问题所在与新加坡的应对
A blockchain transfer cannot be reversed by the sender, by the recipient's bank or by a court. Read more Singapore · Private Law诉因
Where a fiduciary misappropriates assets entrusted to her, the assets are held on constructive trust for the principal from the moment of the misappropriation. Read more Singapore · Private Law临时救济
A proprietary injunction restrains the defendant from dealing with specific assets to which the claimant asserts title. Read more Singapore · Private Law追踪
Tracing is the process of identifying the asset into which the claimant's original asset has been converted. Following is the process of identifying the same asset as it moves from hand to hand. Read more Singapore · Private Law终局救济
At trial or on summary judgment the victim seeks four things: a declaration of constructive trust, an order for transfer of the assets still held, an account and a tracing order for assets that have… Read more Singapore · Private Law与刑事程序的相互作用
Victims of crypto fraud in Singapore almost always report to the police. Read more Singapore · Private Law错误转账与欺诈转账：与瑞士的比较
Switzerland's civil remedies are weaker and its criminal remedies stronger. A Swiss civil attachment (Arrest) under Art. 271 ff. DEBA requires assets located in Switzerland. Read more Singapore · Private Law2022年的倒闭潮与新加坡法院
The collapse of the Terra ecosystem in May 2022 and of Three Arrows Capital in June 2022 produced a chain of failures among lending platforms and exchanges with Singapore connections. Read more Singapore · Private Law《2018年破产、重组和解散法》
The Act, in force since 30 July 2020, consolidated Singapore's corporate and personal insolvency law and incorporated the restructuring reforms of 2017 that were designed to make Singapore a… Read more Singapore · Private Law破产与客户请求权：案例
Zipmex operated a retail exchange from Singapore with licensed subsidiaries in Thailand and Indonesia and a customer base of close to 70,000. Read more Singapore · Private Law受益人还是无担保债权人？
Whether a customer of a failed platform recovers in specie or receives a dividend depends on the characterisation of the relationship in the terms. The analysis has three stages. Read more Singapore · Private Law加密资产请求权的估值与转换
A creditor's claim in a Singapore liquidation is valued as at the commencement of the winding up and expressed in Singapore dollars for the purposes of proof and dividend. Read more Singapore · Private Law抵销、净额结算与撤销
Insolvency set-off applies in Singapore liquidations through the IRDA's incorporation of the bankruptcy rules on mutual credits and mutual dealings. Read more Singapore · Private Law跨境承认
Singapore's adoption of the Model Law allows foreign liquidators and administrators to obtain recognition and relief in Singapore. Read more Singapore · Private Law常见误区与反对观点
The recurring error of platform operators is to treat the moratorium as a solution. It is a stay. It buys time to propose a scheme. Read more Singapore · Private Law合同止步之处
Contract governs the relationship between a platform and its customer. Chapter III has shown how far the terms decide what the customer may expect. Tort matters where contract does not reach. Read more Singapore · Private Law新加坡注意义务的判断框架
Singapore applies a single test for the existence of a duty of care in negligence, set by the Court of Appeal in Spandeck Engineering v Defence Science and Technology Agency. Read more Singapore · Private Law托管人与交易所
A custodian owes its customer contractual duties under the custody agreement. Read more Singapore · Private Law开发者、验证者与协议
In Tulip Trading v van der Laan the English Court of Appeal held that it was seriously arguable that the developers who control the software of a bitcoin network owe fiduciary duties to the owners… Read more Singapore · Private Law专业人士：审计师、预言机与顾问
A smart-contract auditor who certifies code as free of critical vulnerabilities, and whose report is published to attract users, is in the position of any professional who makes a statement knowing… Read more Singapore · Private Law替代责任与员工欺诈
An employer is vicariously liable for the torts of an employee committed in the course of employment, including fraud, where the wrongful act is so closely connected with the employment that it is… Read more Singapore · Private Law侵权与过失：与瑞士的比较
An action in tort must be brought within six years of the accrual of the cause of action, which for negligence is the date of damage. Read more Singapore · Private Law控制权易手的两个时刻
Digital assets pass to other people at two predictable moments: divorce and death. Both expose the same structural feature of the asset class. Read more Singapore · Private Law离婚中的数字资产
On divorce the Family Justice Courts divide the matrimonial assets under s 112 of the Women's Charter 1961 in such proportions as the court thinks just and equitable. Read more Singapore · Private Law继承
A Singapore estate is administered under the Probate and Administration Act 1934. Where there is a will, the executor obtains a grant of probate. Read more Singapore · Private Law含有瑞士因素的跨境遗产
Singapore applies the common-law choice-of-law rules for succession. Succession to movables is governed by the law of the deceased's domicile at death. Read more Singapore · Private Law为何代币的问题更难回答
Every cross-border dispute raises three questions. Which court has jurisdiction? Which law applies? Will the resulting judgment be recognised where the assets or the defendant are? Read more Singapore · Private Law新加坡法院的管辖权
A defendant who is present in Singapore or submits to the jurisdiction can be sued there. Read more Singapore · Private Law法律选择
Singapore applies the common-law doctrine of the proper law of the contract. An express choice of law is given effect unless it is not bona fide or legal or is contrary to public policy. Read more Singapore · Private Law法院选择协议
The Choice of Court Agreements Act 2016 gives effect in Singapore to the Hague Convention on Choice of Court Agreements of 30 June 2005. Read more Singapore · Private Law判决的承认与执行
Singapore has two statutory regimes for foreign judgments. Read more Singapore · Private Law仲裁
Most token purchase agreements, custody agreements between institutions and software licences in the crypto sector contain arbitration clauses. Read more Singapore · Private Law公开账本与隐私法规之间的张力
A public blockchain records every transaction permanently and makes the record available to anyone. Read more Singapore · Private Law《2012年个人资料保护法》
The Act applies to every organisation that collects, uses or discloses personal data in Singapore. Public agencies and individuals acting in a personal capacity are excepted. Read more Singapore · Private Law作为个人资料的钱包地址与链上数据
The Commission published a guide on data protection considerations for blockchain design in July 2022. It takes three central positions. Read more Singapore · Private Law跨境传输
An organisation may transfer personal data outside Singapore only if it takes appropriate steps to ensure that the recipient is bound by legally enforceable obligations to provide a standard of… Read more Singapore · Private Law《2018年网络安全法》的叠加适用
The Cybersecurity Act 2018 established the Cyber Security Agency and a regime for critical information infrastructure, under which designated owners of systems essential to the delivery of essential… Read more Singapore · Private Law隐私与反洗钱义务
The sharpest conflict in practice is between the retention limitation and purpose limitation obligations on one side and the AML duties on the other. Read more Singapore · Private Law数据保护：与瑞士的比较
The Swiss and Singapore regimes are close in structure and differ in enforcement. Switzerland has no administrative fines against organisations. Read more