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Law applicable to proprietary issues of crypto-assets.

Authors :
Takahashi, Koji
Source :
Journal of Private International Law. Dec2022, Vol. 18 Issue 3, p339-362. 24p.
Publication Year :
2022

Abstract

Crypto-assets (tokens on a distributed ledger network) can be handled much in the same way as tangible assets as they may be held without the involvement of intermediaries and traded on a peer-to-peer basis by virtue of the blockchain technology. Consequently, crypto-assets give rise to proprietary issues in the virtual world, as do tangible assets in the real world. This article will consider how the law applicable to the proprietary issues of crypto-assets should be determined. It will first examine some of the cases where restitution was sought of crypto-asset units and consider what issues arising in such contexts may be characterised as proprietary for the purpose of conflict of laws. Finding that the conventional connecting factors for proprietary issues are not suitable for crypto-assets, this article will consider whether party autonomy, generally rejected for proprietary issues, should be embraced as well as what the objective connecting factors should be. [ABSTRACT FROM AUTHOR]

Details

Language :
English
ISSN :
17441048
Volume :
18
Issue :
3
Database :
Academic Search Index
Journal :
Journal of Private International Law
Publication Type :
Academic Journal
Accession number :
161394172
Full Text :
https://doi.org/10.1080/17441048.2022.2138102