Assertion and Loss of Ownership

Abstract This chapter explores the complexities of intangible property, focusing on the assertion and loss of ownership in cases of theft and transfer. It examines scenarios where A loses their property—either physical (Variant 1) or in the form of a debt (Variant 2)—and the legal consequences of these actions. The chapter emphasizes the need for a proprietary base, which is essential for asserting a proprietary claim, particularly with intangible property. It also discusses the rules of identification, following, and tracing, explaining how property can be tracked through multiple transactions. Finally, the chapter addresses priority rules and applicable law in international cases, highlighting the complexities of ownership and transfer in both tangible and intangible property.