Digital assets and possessory shares

an analysis on the dematerialization of property

Abstract

This article examines the legal protection of digital assets within the context of possessory actions, emphasizing the need for updates to legal frameworks in response to the dematerialization of property. The study aims to foster a critical discussion on the contemporary aspects of apprehension, detention, and use of digital assets in their interaction with traditional civil law institutions, proposing potential modernizing changes to the Civil Code based on the theory of sharing. Furthermore, it addresses the procedural impact of this legal evolution, advocating for a more relevant and effective procedural adaptation to ensure appropriate judicial protection of possessory rights concerning digital assets. Employing an exploratory methodology grounded in documentary and bibliographic research, the study investigates the relationship between the possession of digital assets and conventional civil law principles. The findings reveal that current legislation, predominantly focused on tangible goods, is inadequate to deal with the complexities of digital assets, thereby generating legal uncertainty. The research concludes that a substantial modernization of both the Civil Code and the Code of Civil Procedure is essential to provide effective and adequate legal safeguards for digital property, ensuring the protection of rights related to digital asset possession in contemporary legal contexts.