Digital Commercial Law
Private Law in the Age of Tokens, Platforms, and Automation
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Product details:
- Publisher OUP USA
- Date of Publication 16 September 2026
- ISBN 9780197758625
- Binding Hardback
- No. of pages368 pages
- Size 242x167x27 mm
- Weight 708 g
- Language English 0
Categories
Short description:
Digital Commercial Law examines the crucial yet often overlooked role of private law in the rapidly evolving landscape of digital asset commerce, from Bitcoin to tokenized real estate. Written by leading commercial law experts, the book proposes a balanced framework that integrates private law and financial regulation, encouraging innovation and equity in the digital age.
MoreLong description:
From Bitcoin and stablecoins to NFTs, digital assets recorded on blockchain networks have reshaped the commercial landscape. Yet despite this transformation, their legal treatment has been dangerously skewed. While regulators and scholars have fixated on financial oversight, a crucial legal dimension has been neglected: private law.
Digital Commercial Law exposes two fundamental imbalances plaguing the digital asset ecosystem. First, the legal community's overwhelming emphasis on financial regulation has eclipsed the private law foundations governing ownership, transfer, custody, and collateralization. Second, when private law issues are considered, contractual arrangements are treated as all-controlling while property, bailment, secured transactions, and bankruptcy concepts are disregarded. Through doctrinal analysis and case studies, Odinet and Tosato illuminate how this disequilibrium leads to market dysfunction and systemic risk, while demonstrating how a balanced approach can restore stability.
Written by leading authorities on digital asset law, this groundbreaking book directly addresses these critical flaws by making a compelling case for restoring private law, in all its facets, to its central role in the digital economy.
02/02/2026
Table of Contents:
PART I.
Introduction
Digital assets as property
Digital assets and tokenization
Digital assets and custody
PART II.
NFTs and creative works
Debt tokens and bankruptcy
PART III.
Tokenizing real estate
Stablecoins as private money
Conclusion
