The Characterisation of Cryptocurrencies in East Asia

Research output: Chapters, Conference Papers, Creative and Literary Works (RGC: 12, 32, 41, 45)12_Chapter in an edited book (Author)peer-review

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Original languageEnglish
Title of host publicationCryptocurrencies in Public and Private Law
EditorsDavid Fox, Sarah Green
Place of PublicationOxford
PublisherOxford University Press
Chapter8
Pages199-228
ISBN (Electronic)9780192576330
ISBN (Print)9780198826385
Publication statusPublished - 14 Mar 2019

Abstract

This chapter focuses on the characterisation of cryptocurrencies as property in East Asia, with particular reference to three jurisdictions: Japan, China and South Korea. It first provides a brief overview of the legal systems of Japan, China and South Korea before discussing whether cryptocurrencies can be considered a thing recognised in the Civil Code, and how ownership is defined as a matter of the civil law in each of the three jurisdictions. It then examines whether cryptocurrencies can be the object of ownership as a matter of Chinese, Japanese or South Korean law and whether the right to cryptocurrencies may be categorised as a quasi-real right rather than real right. It also looks at two remedies available when the right to cryptocurrencies as a quasi-real right is infringed: rei vindicatio, which arises from the law of real rights, and tort liability, which arises from the law of obligations.

Citation Format(s)

The Characterisation of Cryptocurrencies in East Asia. / Low, Kelvin FK; Wu, Ying-chieh.

Cryptocurrencies in Public and Private Law. ed. / David Fox; Sarah Green. Oxford : Oxford University Press, 2019. p. 199-228.

Research output: Chapters, Conference Papers, Creative and Literary Works (RGC: 12, 32, 41, 45)12_Chapter in an edited book (Author)peer-review