The impact of digital assets on traditional concept of property law

The emergence of digital assets necessitates a redefinition of the traditional concept of property rights. Since digital assets exist solely in virtual form, they do not fit within the traditional definition of an "object" in property law, thereby raising numerous questions related to acquisition, possession, and the protection of property rights. The absence of a clear legislative framework and imprecise terminology generate legal uncertainty, while the dynamic development of blockchain technology and decentralized financial instruments further emphasizes the need to adapt existing legal institutions to new forms of digital assets. This paper analyzes the legal nature of digital assets and their relationship to contemporary property law categories, aiming to highlight the necessity of redefining the concept of ownership in the digital context in order to preserve legal certainty and ensure adequate protection for market participants.

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Publication Details

Published
2025-01-01
DOI
https://doi.org/10.5937/pdsc25535m
Primary Topic
Security, Politics, and Digital Transformation
Type
article
Field-Weighted Citation Impact
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article

The impact of digital assets on traditional concept of property law

Goran Milojević
Security, Politics, and Digital Transformation
article

The impact of digital assets on traditional concept of property law

Goran Milojević
article en

Abstract

The emergence of digital assets necessitates a redefinition of the traditional concept of property rights. Since digital assets exist solely in virtual form, they do not fit within the traditional definition of an "object" in property law, thereby raising numerous questions related to acquisition, possession, and the protection of property rights. The absence of a clear legislative framework and imprecise terminology generate legal uncertainty, while the dynamic development of blockchain technology and decentralized financial instruments further emphasizes the need to adapt existing legal institutions to new forms of digital assets. This paper analyzes the legal nature of digital assets and their relationship to contemporary property law categories, aiming to highlight the necessity of redefining the concept of ownership in the digital context in order to preserve legal certainty and ensure adequate protection for market participants.

Openalex Percentile: Top 68%
Security, Politics, and Digital Transformation
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