Principle 9 Rights of the Transferee
摘要
Principle 9 of the Unidroit Principles on Digital Assets and Private Law (DAPL) establishes a legal framework for regulating the transfer of rights over digital assets, adapting traditional commercial law concepts to the digital environment. This principle is based on two fundamental rules: the nemo dat quod non habet doctrine, ensuring that a transferor can only convey the rights they possess and the protection of good faith acquirers, thereby safeguarding transferees against title conflicts even when the transferor lacks full rights. The principle also introduces the shelter rule, extending protection to subsequent transferees and ensuring the legitimacy of rights acquired in a globalised and decentralised market. During the preparatory work of the Unidroit DAPL Principles, emphasis was placed on adapting these principles to emerging technologies such as blockchain, where ownership is decentralised and transactions are swift and immutable. This framework provides legal certainty, and fosters trust in digital markets and the challenges of the digital economy by balancing transaction efficiency with legal certainty. Principle 9 emerges as an essential tool for the global regulation of digital assets, ensuring stability and transparency in an ever-evolving domain.