From possession to control: rethinking ownership of digital assets in light of the UNIDROIT principles (2023)

Purpose This paper aims to examine the adequacy of traditional possession-based rules in governing ownership and transfer of digital assets in national legal systems, with particular focus on Arab jurisdictions. It evaluates the UNIDROIT Principles on Digital Assets and Private Law (2023) as a source of legal inspiration for modernising private law frameworks. Design/methodology/approach This paper adopts a comparative doctrinal methodology. It analyses provisions of the Jordanian Civil Code, the UAE Civil Transactions Law and the French Civil Code, comparing them with the UNIDROIT Principles to assess their suitability for addressing the unique nature of digital assets. Findings The research demonstrates that national laws, rooted in tangible possession, are inadequate for regulating the transfer of ownership in digital assets. The UNIDROIT Principles introduce “control” as the functional equivalent of possession, offering a coherent and technologically neutral framework. The study concludes that adopting these Principles can enhance legal certainty, support cross-border digital transactions and fill critical gaps in Arab jurisdictions. Originality/value This paper provides one of the first comprehensive analyses of how the UNIDROIT Principles may inform legislative reform in Arab legal systems. By bridging global standards with regional contexts, it contributes to the ongoing discourse on harmonising private law in the digital era.