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- Scopus: eid_2-s2.0-85151762526
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Article: DeFi Common Sense: Crypto-backed Lending in Janesh s/o Rajkumar v Unknown Person (‘CHEFPIERRE’)
Title | DeFi Common Sense: Crypto-backed Lending in Janesh s/o Rajkumar v Unknown Person (‘CHEFPIERRE’) |
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Authors | |
Issue Date | 2023 |
Citation | Modern Law Review, 2023, v. 86, n. 5, p. 1278-1293 How to Cite? |
Abstract | One of the selling points of cryptoassets has been the ability to subject them to so-called ‘smart contracts’ embedded upon blockchains; yet, despite numerous common law decisions accepting cryptoassets as property, until Janesh s/o Rajkumar v Unknown Person (‘CHEFPIERRE’) no courts have had the occasion to consider how such property (in this case, an NFT) interact with these ‘smart contracts’. The case considers ‘smart contracts’ in the context of decentralised finance (DeFi), thus also raising questions concerning the legal effectiveness and prudence of using cryptoassets as objects of security. Although the non-participation of the defendant meant that the court was deprived of full arguments, the judgment remains worthy of consideration, both for what the court does consider – specifically, criticisms of the Ainsworth test of property – and what it does not. |
Persistent Identifier | http://hdl.handle.net/10722/345320 |
ISSN | 2023 Impact Factor: 1.5 2023 SCImago Journal Rankings: 0.267 |
DC Field | Value | Language |
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dc.contributor.author | Chan, Timothy | - |
dc.contributor.author | Low, Kelvin F.K. | - |
dc.date.accessioned | 2024-08-15T09:26:36Z | - |
dc.date.available | 2024-08-15T09:26:36Z | - |
dc.date.issued | 2023 | - |
dc.identifier.citation | Modern Law Review, 2023, v. 86, n. 5, p. 1278-1293 | - |
dc.identifier.issn | 0026-7961 | - |
dc.identifier.uri | http://hdl.handle.net/10722/345320 | - |
dc.description.abstract | One of the selling points of cryptoassets has been the ability to subject them to so-called ‘smart contracts’ embedded upon blockchains; yet, despite numerous common law decisions accepting cryptoassets as property, until Janesh s/o Rajkumar v Unknown Person (‘CHEFPIERRE’) no courts have had the occasion to consider how such property (in this case, an NFT) interact with these ‘smart contracts’. The case considers ‘smart contracts’ in the context of decentralised finance (DeFi), thus also raising questions concerning the legal effectiveness and prudence of using cryptoassets as objects of security. Although the non-participation of the defendant meant that the court was deprived of full arguments, the judgment remains worthy of consideration, both for what the court does consider – specifically, criticisms of the Ainsworth test of property – and what it does not. | - |
dc.language | eng | - |
dc.relation.ispartof | Modern Law Review | - |
dc.title | DeFi Common Sense: Crypto-backed Lending in Janesh s/o Rajkumar v Unknown Person (‘CHEFPIERRE’) | - |
dc.type | Article | - |
dc.description.nature | link_to_subscribed_fulltext | - |
dc.identifier.doi | 10.1111/1468-2230.12804 | - |
dc.identifier.scopus | eid_2-s2.0-85151762526 | - |
dc.identifier.volume | 86 | - |
dc.identifier.issue | 5 | - |
dc.identifier.spage | 1278 | - |
dc.identifier.epage | 1293 | - |
dc.identifier.eissn | 1468-2230 | - |