As digital assets (more narrowly defined as crypto assets) and the Metaverse grow in significance, there is an increasing need for certainty on the property rights relating to crypto assets. To what extent are the rights thereto recognised under English law and beyond? This chapter considers the challenges of ascertaining property rights in crypto assets derived from transactions in a borderless Metaverse. This chapter notes the need for the establishment of robust and universally accepted methods for determining ownership and property rights to ensure trust, security, and fair transactions within the virtual environment. There is ample support in English case law and statute for the position that crypto assets are neither categorised as things in action nor things in possession, but rather as belonging to a distinct category within the personal property law of England and Wales. Such recognition will help in supporting the continued growth and integration of digital assets into the global financial system. However, there remains a gap. Legal certainty requires a predictable set of rules across the Metaverse. An international treaty could be a pivotal step in establishing a clear and predictable framework for the recognition, protection, and enforcement of property rights in the Metaverse, providing consistency between English law principles and other systems of law and offering a unified legal framework for these rights.

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Virtual Property Rights in the Metaverse

  • Elizabeth Uwaifo

摘要

As digital assets (more narrowly defined as crypto assets) and the Metaverse grow in significance, there is an increasing need for certainty on the property rights relating to crypto assets. To what extent are the rights thereto recognised under English law and beyond? This chapter considers the challenges of ascertaining property rights in crypto assets derived from transactions in a borderless Metaverse. This chapter notes the need for the establishment of robust and universally accepted methods for determining ownership and property rights to ensure trust, security, and fair transactions within the virtual environment. There is ample support in English case law and statute for the position that crypto assets are neither categorised as things in action nor things in possession, but rather as belonging to a distinct category within the personal property law of England and Wales. Such recognition will help in supporting the continued growth and integration of digital assets into the global financial system. However, there remains a gap. Legal certainty requires a predictable set of rules across the Metaverse. An international treaty could be a pivotal step in establishing a clear and predictable framework for the recognition, protection, and enforcement of property rights in the Metaverse, providing consistency between English law principles and other systems of law and offering a unified legal framework for these rights.