TY - JOUR
T1 - Evolution of Intangible Property to Crypto Assets
T2 - Legal Pragmatism in Anglo-American Common Law and Chinese Civil Law
AU - Hung, Alvin Hoi Chun
N1 - Publisher Copyright:
© The Author(s) (2024).
PY - 2024
Y1 - 2024
N2 - The emergence of crypto assets, a novel category of assets, has posed significant challenges to property law across various legal systems. The integration of these intangible assets into property law frameworks proves to be complicated for many civil law jurisdictions, which tend to adhere to dogmatic approaches. In contrast, Anglo-American common law and Chinese civil law systems, despite their divergent origins, have exhibited legally pragmatic responses to intangible property, including crypto assets. By examining the development of their property laws concerning property conceptualization and the treatment of emerging intangible assets, this article explores how the historical foundations of Anglo-American common law in feudal tradition and Chinese civil law in communist ideologies have fostered adaptable and flexible notions of property. This adaptability is argued to be a strength within both the Anglo-American common law and Chinese civil law systems, enabling them to accommodate innovative intangible assets more easily compared to their civilian counterparts.
AB - The emergence of crypto assets, a novel category of assets, has posed significant challenges to property law across various legal systems. The integration of these intangible assets into property law frameworks proves to be complicated for many civil law jurisdictions, which tend to adhere to dogmatic approaches. In contrast, Anglo-American common law and Chinese civil law systems, despite their divergent origins, have exhibited legally pragmatic responses to intangible property, including crypto assets. By examining the development of their property laws concerning property conceptualization and the treatment of emerging intangible assets, this article explores how the historical foundations of Anglo-American common law in feudal tradition and Chinese civil law in communist ideologies have fostered adaptable and flexible notions of property. This adaptability is argued to be a strength within both the Anglo-American common law and Chinese civil law systems, enabling them to accommodate innovative intangible assets more easily compared to their civilian counterparts.
UR - http://www.scopus.com/inward/record.url?scp=85200854101&partnerID=8YFLogxK
U2 - 10.1093/cjcl/cxae011
DO - 10.1093/cjcl/cxae011
M3 - Article
AN - SCOPUS:85200854101
SN - 2050-4802
VL - 12
JO - Chinese Journal of Comparative Law
JF - Chinese Journal of Comparative Law
M1 - cxae011
ER -