Hin Liu, ‘Title, Control and Possession in the Digital Asset World’

Cases across the common law world have ruled that cryptocurrencies can be the subject of property rights, and this raises the logically prior question of how exactly one acquires such rights to cryptocurrencies and digital assets generally. Digital and physical assets are similar in many ways, and it is suggested that one acquires an original title to a digital asset in circumstances that are the broad equivalent to that of a physical asset (ie the equivalent of ‘possession’). However, as a matter of doctrine, this threshold should not be called ‘possession’, since doing so would lead to many undesirable consequences – instead, the concept of ‘control’ should be used.

Liu, Hin, Title, Control and Possession in the Digital Asset World (March 25, 2022). Modern Studies in Property Law Conference 2022.

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