JOURNAL ARTICLE

(Digital) Things as Objects of Property Rights: What Can Crypto Learn From Comparative Law?

  • Published In: Oxford Journal of Legal Studies, 2025, v. 45, n. 1. P. 217 1 of 3

  • Database: Business Source Ultimate 2 of 3

  • Authored By: Held, Amy 3 of 3

Abstract

This article critically examines Christian von Bar’s proposed definition of “things” as objects of property rights within a tripartite taxonomy of private law objects, aiming to unify property laws across European Union Member States and the UK. It contextualizes von Bar’s framework against developments such as the UNIDROIT Principles on Digital Assets and debates over the property status of cryptoassets in England and Wales, highlighting the conceptual divide between common law and civilian legal traditions. Von Bar’s taxonomy distinguishes between objects of private law, objects of legal transaction (goods), and objects of property rights (things), emphasizing the erga omnes (against all) effect of property rights and differentiating ownership from broader property rights. The article evaluates von Bar’s proposals as a significant contribution to comparative property law scholarship, offering insights for reconciling divergent legal systems and informing ongoing legal responses to novel economic objects like digital assets.

Additional Information

  • Source:Oxford Journal of Legal Studies. 2025/03, Vol. 45, Issue 1, p217
  • Document Type:Article
  • Subject Area:Law
  • Publication Date:2025
  • ISSN:0143-6503
  • DOI:10.1093/ojls/gqae034
  • Accession Number:184348346
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