【Author】
Chan, Timothy; Low, Kelvin F. K.
【Source】MODERN LAW REVIEW
【Abstract】One of the selling points of cryptoassets has been the ability to subject them to so-called smart contracts' embedded upon blockchains; yet, despite numerous common law decisions accepting cryptoassets as property, until Janesh s/o Rajkumar v Unknown Person ("CHEFPIERRE") no courts have had the occasion to consider how such property (in this case, an NFT) interact with these smart contracts'. The case considers smart contracts' in the context of decentralised finance (DeFi), thus also raising questions concerning the legal effectiveness and prudence of using cryptoassets as objects of security. Although the non-participation of the defendant meant that the court was deprived of full arguments, the judgment remains worthy of consideration, both for what the court does consider - specifically, criticisms of the Ainsworth test of property - and what it does not. [Chan, Timothy; Low, Kelvin F. K.] Natl Univ Singapore, Fac Law, Singapore, Singapore National University of Singapore Chan, TMY (通讯作者)，Natl Univ Singapore, Fac Law, Singapore, Singapore. chanwxt@nus.edu.sg Chan, Wei Xuan Timothy/0000-0002-6541-3290 100 0 0 0 0 WILEY HOBOKEN 111 RIVER ST, HOBOKEN 07030-5774, NJ USA 0026-7961 1468-2230 MOD LAW REV Mod. Law Rev. 10.1111/1468-2230.12804 http://dx.doi.org/10.1111/1468-2230.12804 MAR 2023 16 Law Social Science Citation Index (SSCI) Government & Law C2PF4 hybrid 2023-05-06 WOS:000960392000001
评论