Publication details
Vlastnické právo a bitcoiny
| Title in English | Ownership Rights and Bitcoins |
|---|---|
| Authors | |
| Year of publication | 2025 |
| Type | Chapter in a book |
| MU Faculty or unit | |
| Citation | |
| Description | The paper addresses the question of whether and to what extent the provisions of the Czech Civil Code on property rights stricto sensu (§ 1012 et seq. of the Civil Code) can be applied to virtual currency units, particularly Bitcoin. The author first presents a general framework distinguishing absolute and relative property rights while also recalling the traditional distinction between tangible and intangible assets. The analysis draws upon the historical perspective of the Austrian ABGB and the subsequent Pandectist tradition, which restricts the application of property rights primarily to tangible items. Subsequently, the author thoroughly examines the legal nature of Bitcoin, concluding that virtual currency units can be categorized as intangible assets within the meaning of § 496(2) of the Civil Code. The technical essence (decentralized nature of blockchain technology) is analyzed, along with the fact that Bitcoin does not involve any obligation relationships between the owner and a central issuer or depository, as is the case with securities. This excludes the possibility of classifying Bitcoin as a relative property right (a claim). Following this, the author presents the core argument centered on the technical features of Bitcoin (its rivalrous and excludable character). It is precisely these characteristics that allow for the application of provisions on property rights stricto sensu. Although traditional legal scholarship rejects or significantly restricts the application of property rights to intangible items, the author argues that modern technologies create new types of intangible assets possessing properties similar to tangible items. Therefore, Bitcoin and similar virtual currency units can be effectively protected by standard remedies under property law, such as claims for the return of property (rei vindicatio) or injunctions (actio negatoria). |