Criptoactivos en el marco jurídico colombiano: avances, riesgos y la urgencia de su regulación

Abstract

This research addresses the impact of cryptoassets on the Colombian financial and legal system, taking into account the challenges posed by their adoption and the lack of a uniform regulatory framework. An analysis is conducted on their evolution in recent years, especially after the COVID-19 pandemic, and how their increasing use has generated debates around their legal recognition, taxation, and regulation. Likewise, the role of these digital assets within private law is studied, considering their validity as a means of payment and their relationship with the autonomy of will in commercial transactions. Given their decentralized nature and the absence of traditional intermediaries, cryptoassets pose challenges in terms of economic stability, legal security, and risk prevention, such as fraud and money laundering. In this context, alternatives for resolving conflicts arising from their use are proposed, exploring methods such as mediation, arbitration, and other tools adapted to the digital economy. This work emphasizes the country’s need to acquire a clear and balanced regulatory framework that guarantees user protection, fosters technological innovation, and contributes to the security and stability of the financial system.