Digital Assets in Scots Private Law: Innovating for the Future

This article examines the extent digital assets are already accommodated within Scots private law, which areas of law require reform, and how law reform concerning digital assets can be best advanced in Scotland. It first addresses the implications of ETDs law reform for Scotland, before mapping the legal landscape for cryptoassets in Scotland, and finally explores the intra-UK and international dimensions of digital assets for Scotland, with a focus on PIL matters and developing international frameworks. This is the first scholarly publication to examine digital assets in Scots private law with this scope and depth. It proposes desirable law reforms to prepare Scotland for the digital future and aids law and policy makers adapt Scots law to support innovation and growth in digital assets. It also offers guidance to the judiciary and practitioners on dealing with novel legal issues arising from digital assets, as well as to businesses and individuals on increasing legal certainty and predictability in their transactions. Further, the article makes a much-needed scholarly contribution to the knowledge and understanding of digital assets in Scots law.