Private Law Theory

INTRODUCTION
Professor Robert Stevens in a recent article has argued that (1) cryptoassets are not property as the law currently stands, and (2) the case for recognising property rights in cryptoassets is (at best) extremely weak. This article contests claim (2). It argues that, from a normative standpoint, non-interference rights effective against the world are necessary in respect of a cryptoasset, and serious problems would arise if such rights were not to be recognised. It also suggests that there are good arguments for recognising the power to alienate such a right, as well as a power to create a trust or charge over such a right, although the cost benefit analysis in relation to these incidents yields a less certain result …

€ (Westlaw)

Hin Liu, ‘Crypto as property: a response to Professor Stevens’ (2025) 141(Jul) Law Quarterly Review 392-412.