Digital commercial law private law in the age of tokens, platforms, and automation Christopher K. Odinet and Andrea Tosato

Format:

Book

Author/Creator:

Odinet, Christopher K., author.

Tosato, Andrea, author.

Language:

English

Subjects (All):

Bailouts (Government policy).

Blockchains (Databases)--Law and legislation.

Blockchains (Databases).

Commercial law.

Contracts.

Digital currency--Law and legislation.

Digital currency.

Electronic commerce--Law and legislation.

Electronic commerce.

Property.

Security (Law).

contracts.

Physical Description:

1 online resource

Edition:

1st ed.

Place of Publication:

New York, NY Oxford University Press [2026]

Summary:

'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

Contents:

Cover

Half Title

Title Page

Copyright Page

Contents

Acknowledgments

PART I

1 Introduction

2 Digital assets as property

2.1 Introduction

2.2 The growth of digital asset markets and the Grundfrage

2.3 Digital assets as property

2.3.1 Under the common law outside the United States

2.3.2 Under American law

2.4 The classification of digital assets within property

2.4.1 Under the common law outside the United States

2.4.2 Under American law

2.5 Commercial circulation regime of digital assets in American law

2.5.1 Prior to the 2022 UCC Amendments

(A) Transferring ownership of digital assets

(b) Collateralizing digital assets

2.5.2 After the 2022 UCC Amendments

(a) A new category: controllable electronic records

(b) Transfer of controllable electronic records

(c) Collateralizing controllable electronic records

3 Digital assets and tokenization

3.1 Introduction

3.2 Traditional tokenization in law

3.2.1 Negotiable instruments as tokens

3.2.2 Securities as tokens

3.2.3 Real property deeds as tokens

3.2.4 Bills of lading as tokens

3.2.5 Warehouse receipts as tokens

3.3 The tokenization problem and numerus clausus principle

3.4 The narrow road to digital tokenization

4 Digital assets and custody

4.1 Introduction

4.2 The law of bailments and deposits of money and securities

4.2.1 Bailment taxonomies

4.2.2 Bailment key tenets

(a) Formation requirements

(b) Tangible object doctrine

(c) Bailor's retention of title

(d) Parties' obligations

(e) Redelivery

4.2.3 Deposit of money

4.2.4 Deposit of securities

4.3 The challenges posed by custody of digital assets

4.3.1 Can digital assets be bailed?

4.3.2 Solving the redelivery problem

4.4 Digital assets custody through UCC Article 8

4.4.1 UCC Article 8 and digital assets

4.4.2 The limits of UCC Article 8 for digital assets

PART II

5 NFTs and creative works

5.1 Introduction

5.2 NFT creation and distribution models

5.2.1 The standardized model

5.2.2 The bespoke model

5.3 The private law of standardized model NFT transactions

5.3.1 Overview

5.3.2 Exploring terms of service

(a) Ownership and control of the NFT

(b) The property link between the token and the underlying asset

5.4 The private law of bespoke model NFT transactions

5.4.1 Overview

5.4.2 Exploring terms of service

(b) The property link between the NFT and the underlying asset

5.5 Beyond the illusion: reconciling NFTs with private law

5.5.1 Core private law deficiencies in contemporary NFT markets

5.5.2 Designing NFT structures that work

6 Debt tokens and bankruptcy

6.1 Introduction

6.2 Crypto bankruptcies and the rise of debt tokens

6.2.1 Bankruptcy claims trading

6.2.2 A tale of three crypto bankruptcies

Notes:

Includes bibliographical references and index

Description based on online resource; title from digital title page (viewed on May 14, 2026)

Other Format:

Print version :

ISBN:

9780197758656

0197758657

OCLC:

1582164290

Publisher Number:

CIPO000370878

Access Restriction:

Restricted for use by site license