Matthias Lehmann, ‘Who Owns Bitcoin? Private Law Facing the Blockchain’

… The issue of this paper therefore is: How can blockchain be squared with traditional categories of private law, including private international law? The proposal made herein avoids the recourse to a newly fashioned ‘lex digitalis’ or ‘lex cryptographica’. Rather, it is suggested that the problems can be solved by using existing national laws, supplemented by an international text. At the same time, the results produced by DLT should also be accepted as legally protected and corrected only where necessary under the applicable national rules. In this way, a symbiosis between private law and innovative technology can be created.

Lehmann, Matthias, Who Owns Bitcoin? Private Law Facing the Blockchain (June 11, 2019). European Banking Institute Working Paper Series 2019 – no 42.

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