With the publication of the Final Report of the Law Commission of England and Wales’ project on Digital Assets, the English law of personal property seems poised to make a dramatic shift to recognise an “unbounded” category of third things (or tertium quid). The implications of such a shift will reverberate well beyond the realm of cryptoassets. However, since the push for this category was very much driven by the Law Commission’s desire to accommodate cryptoassets within English law, this chapter proposes to critically analyse the Law Commission’s proposal in relation to cryptoassets in particular, though some wider implications will be noted.

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Third Thing or Sixth Sense? I See Ideational Objects?

  • Kelvin F. K. Low

摘要

With the publication of the Final Report of the Law Commission of England and Wales’ project on Digital Assets, the English law of personal property seems poised to make a dramatic shift to recognise an “unbounded” category of third things (or tertium quid). The implications of such a shift will reverberate well beyond the realm of cryptoassets. However, since the push for this category was very much driven by the Law Commission’s desire to accommodate cryptoassets within English law, this chapter proposes to critically analyse the Law Commission’s proposal in relation to cryptoassets in particular, though some wider implications will be noted.