Of Crocodiles and Cryptocurrency, Or, Property is a Relationship between Persons in Respect of Things, and Why It Matters
| dc.contributor.author | Babie, P. | |
| dc.date.issued | 2023 | |
| dc.description.abstract | In those cases where courts are asked to decide whether property exists in a novel set of circumstances or in respect of novel assets, the question arises whether property is a relationship between persons and things or between persons in respect of things. Cryptocurrency offers a topical example of this ‘property question.’ In answering it, many courts the world over seem to follow—either explicitly or implicitly, a statement found in the High Court of Australia’s decision in Yanner v Eaton, a case involving whether wild crocodiles could be property for the purposes of a native title claim. The High Court said that ‘‘property’ is a comprehensive term [which] can be used to describe all or any of very many different kinds of relationship between a person and a subject matter.” But can that be so? Here I want to explain why it cannot, and why it matters. | |
| dc.description.statementofresponsibility | Paul Babie | |
| dc.identifier.citation | Oxford Property Law Blog, 2023; 1-3 | |
| dc.identifier.orcid | Babie, P. [0000-0002-9616-3300] | |
| dc.identifier.uri | https://hdl.handle.net/2440/139357 | |
| dc.language.iso | en | |
| dc.publisher | The Faculty of Law, University of Oxford | |
| dc.rights | Copyright status unknown | |
| dc.source.uri | https://blogs.law.ox.ac.uk/blog-post/2023/02/crocodiles-and-cryptocurrency-or-property-relationship-between-persons-respect | |
| dc.title | Of Crocodiles and Cryptocurrency, Or, Property is a Relationship between Persons in Respect of Things, and Why It Matters | |
| dc.type | Journal article | |
| pubs.publication-status | Published online |