Please use this identifier to cite or link to this item:
https://hdl.handle.net/2440/139357
Type: | Journal article |
Title: | Of Crocodiles and Cryptocurrency, Or, Property is a Relationship between Persons in Respect of Things, and Why It Matters |
Author: | Babie, P. |
Citation: | Oxford Property Law Blog, 2023; 1-3 |
Publisher: | The Faculty of Law, University of Oxford |
Issue Date: | 2023 |
Statement of Responsibility: | Paul Babie |
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. |
Rights: | Copyright status unknown |
Published version: | https://blogs.law.ox.ac.uk/blog-post/2023/02/crocodiles-and-cryptocurrency-or-property-relationship-between-persons-respect |
Appears in Collections: | Law publications |
Files in This Item:
File | Description | Size | Format | |
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Babie - Oxford Property Blog - Crocodiles and Cryptocurrency - FINAL - 09.12.22.pdf Restricted Access | 432.1 kB | Adobe PDF | View/Open |
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