Andrea Tosato
@andreatosato.bsky.social
Professor @SMULawSchool. Passionate about Private Law, Commercial Law and bankruptcy—especially when they involve digital assets and other intangibles.
Thank you very much ☺️
March 5, 2025 at 3:02 PM
Thank you very much ☺️
Congratulations!!
February 24, 2025 at 8:50 PM
Congratulations!!
Thanks for reading! Would love to hear your thoughts!
February 24, 2025 at 8:23 PM
Thanks for reading! Would love to hear your thoughts!
/11
2) We show how American personal property law has evolved—away from traditional common law categories in favor of a pragmatic, functional approach, with the UCC acting as the engine of this change
2) We show how American personal property law has evolved—away from traditional common law categories in favor of a pragmatic, functional approach, with the UCC acting as the engine of this change
February 24, 2025 at 8:23 PM
/11
2) We show how American personal property law has evolved—away from traditional common law categories in favor of a pragmatic, functional approach, with the UCC acting as the engine of this change
2) We show how American personal property law has evolved—away from traditional common law categories in favor of a pragmatic, functional approach, with the UCC acting as the engine of this change
/10
Our answer to the Property Question offers two significant insights:
1) We analyze exhaustively the current regime governing the circulation of digital assets in the U.S. This clarity, we hope, will help both market participants and lawmakers who are developing regulatory frameworks
Our answer to the Property Question offers two significant insights:
1) We analyze exhaustively the current regime governing the circulation of digital assets in the U.S. This clarity, we hope, will help both market participants and lawmakers who are developing regulatory frameworks
February 24, 2025 at 8:23 PM
/10
Our answer to the Property Question offers two significant insights:
1) We analyze exhaustively the current regime governing the circulation of digital assets in the U.S. This clarity, we hope, will help both market participants and lawmakers who are developing regulatory frameworks
Our answer to the Property Question offers two significant insights:
1) We analyze exhaustively the current regime governing the circulation of digital assets in the U.S. This clarity, we hope, will help both market participants and lawmakers who are developing regulatory frameworks
/9
Enter the 2022 UCC Amendments and Article 12. Rather than force-fitting crypto into old categories, here come "controllable electronic records"—a new property category designed specifically for digital assets with control-based rules aligned with market practices
Enter the 2022 UCC Amendments and Article 12. Rather than force-fitting crypto into old categories, here come "controllable electronic records"—a new property category designed specifically for digital assets with control-based rules aligned with market practices
February 24, 2025 at 8:23 PM
/9
Enter the 2022 UCC Amendments and Article 12. Rather than force-fitting crypto into old categories, here come "controllable electronic records"—a new property category designed specifically for digital assets with control-based rules aligned with market practices
Enter the 2022 UCC Amendments and Article 12. Rather than force-fitting crypto into old categories, here come "controllable electronic records"—a new property category designed specifically for digital assets with control-based rules aligned with market practices
/8
To prove this, we analyze how American law tackled the Property Question before and after the 2022 UCC Amendments. Pre-2022, digital assets created major headaches: uncertainty for transfers and secured transactions - tokenizations? Total mess
To prove this, we analyze how American law tackled the Property Question before and after the 2022 UCC Amendments. Pre-2022, digital assets created major headaches: uncertainty for transfers and secured transactions - tokenizations? Total mess
February 24, 2025 at 8:23 PM
/8
To prove this, we analyze how American law tackled the Property Question before and after the 2022 UCC Amendments. Pre-2022, digital assets created major headaches: uncertainty for transfers and secured transactions - tokenizations? Total mess
To prove this, we analyze how American law tackled the Property Question before and after the 2022 UCC Amendments. Pre-2022, digital assets created major headaches: uncertainty for transfers and secured transactions - tokenizations? Total mess
/7
Why this difference? We argue that American property law has gradually abandoned the classic chose in possession/in action divide.
The UCC has quietly revolutionized personal property law with functional categories based on commercial use
Why this difference? We argue that American property law has gradually abandoned the classic chose in possession/in action divide.
The UCC has quietly revolutionized personal property law with functional categories based on commercial use
February 24, 2025 at 8:23 PM
/7
Why this difference? We argue that American property law has gradually abandoned the classic chose in possession/in action divide.
The UCC has quietly revolutionized personal property law with functional categories based on commercial use
Why this difference? We argue that American property law has gradually abandoned the classic chose in possession/in action divide.
The UCC has quietly revolutionized personal property law with functional categories based on commercial use
/6
Meanwhile, in the U.S., we've skipped this theoretical debate entirely. American courts & lawyers have pragmatically accepted crypto as property and focused instead on rules for trading and collateralizing crypto, and also tokenizations
Meanwhile, in the U.S., we've skipped this theoretical debate entirely. American courts & lawyers have pragmatically accepted crypto as property and focused instead on rules for trading and collateralizing crypto, and also tokenizations
February 24, 2025 at 8:23 PM
/6
Meanwhile, in the U.S., we've skipped this theoretical debate entirely. American courts & lawyers have pragmatically accepted crypto as property and focused instead on rules for trading and collateralizing crypto, and also tokenizations
Meanwhile, in the U.S., we've skipped this theoretical debate entirely. American courts & lawyers have pragmatically accepted crypto as property and focused instead on rules for trading and collateralizing crypto, and also tokenizations
/5
Owning crypto? Settled.
Fitting it into property law? Chaos. Outside the U.S., common law jurisdictions disagree furiously: is crypto a chose in action or a tertium quid!?
Problem: this debate has stifled the development of rules for the commercial circulation of crypto
Owning crypto? Settled.
Fitting it into property law? Chaos. Outside the U.S., common law jurisdictions disagree furiously: is crypto a chose in action or a tertium quid!?
Problem: this debate has stifled the development of rules for the commercial circulation of crypto
February 24, 2025 at 8:23 PM
/5
Owning crypto? Settled.
Fitting it into property law? Chaos. Outside the U.S., common law jurisdictions disagree furiously: is crypto a chose in action or a tertium quid!?
Problem: this debate has stifled the development of rules for the commercial circulation of crypto
Owning crypto? Settled.
Fitting it into property law? Chaos. Outside the U.S., common law jurisdictions disagree furiously: is crypto a chose in action or a tertium quid!?
Problem: this debate has stifled the development of rules for the commercial circulation of crypto
/4
Unsurprisingly, nearly all jurisdictions now say crypto can be owned.
But here’s the twist—the underlying reasoning varies wildly. We focus on common law jurisdictions and show how American law stands apart
Unsurprisingly, nearly all jurisdictions now say crypto can be owned.
But here’s the twist—the underlying reasoning varies wildly. We focus on common law jurisdictions and show how American law stands apart
February 24, 2025 at 8:23 PM
/4
Unsurprisingly, nearly all jurisdictions now say crypto can be owned.
But here’s the twist—the underlying reasoning varies wildly. We focus on common law jurisdictions and show how American law stands apart
Unsurprisingly, nearly all jurisdictions now say crypto can be owned.
But here’s the twist—the underlying reasoning varies wildly. We focus on common law jurisdictions and show how American law stands apart
/3
Why care about The Property Question?
It affects everything, from the recovery of stolen crypto *cough* Bybit *couigh*, to customer rights in bankruptcies *FTX, Blockfi, Quadriga*, good faith buyer protections, tax & accounting
Why care about The Property Question?
It affects everything, from the recovery of stolen crypto *cough* Bybit *couigh*, to customer rights in bankruptcies *FTX, Blockfi, Quadriga*, good faith buyer protections, tax & accounting
February 24, 2025 at 8:23 PM
/3
Why care about The Property Question?
It affects everything, from the recovery of stolen crypto *cough* Bybit *couigh*, to customer rights in bankruptcies *FTX, Blockfi, Quadriga*, good faith buyer protections, tax & accounting
Why care about The Property Question?
It affects everything, from the recovery of stolen crypto *cough* Bybit *couigh*, to customer rights in bankruptcies *FTX, Blockfi, Quadriga*, good faith buyer protections, tax & accounting