Principle 8 Innocent Acquisition
摘要
Ownership of a digital asset can be obtained through “good faith acquisition.” This is recognised in Principle 8 of Unidroit’s Principles on Digital Assets and Private Law. Good faith acquisition allows for the recognition and protection of ownership rights over a digital asset for the person acquiring it, even if the asset was initially obtained by a hacker or cybercriminal acting with malicious intent. Good faith acquisition is an exceptional situation that tests and confirms the strength of the legal framework for digital assets. Furthermore, this institution introduces legal certainty in the legal-economic transactions in digital asset markets. Principle 8 sets out two types of requirements for this acquisition to occur. On the one hand, Principle 8(1) outlines the requirements when the law of a State governs the acquisition. On the other hand, Principle 8(5) specifies the requirements when the Unidroit Principles govern the acquisition. Principle 8(6) refers to Principle 9, from which it is deduced that the principle nemo dat quod non habet (no one gives what they do not have) governs all transfers and acquisitions of digital assets.