Co-ownership and joint use of digital assets: legal implications and disputes among co-owners in the digital sphere

Abstract

This analysis highlights significant legal gaps in the regulation of digital assets, with a particular focus on decision-making processes, management rights, and unilateral access restrictions imposed by one coowner or user on others. It delves into the concept of “effective access”, underscoring the importance of equitable usage and the need for clear guidelines to resolve conflicts when one party seeks to block or limit access to a shared digital asset. Additionally, the paper examines the limitations on the use of digital assets, assessing how traditional principles of property law may either apply or require reinterpretation or legislative adjustment to better accommodate the unique nature of these assets in a digital context. Ultimately, the aim of this paper is to propose solutions to the legal challenges arising from the growing role of digital assets in the economy and society, particularly with regard to co-ownership and joint usage. It offers recommendations for legislative reform and further research, stressing the importance of establishing clear frameworks to address conflicts of interest among co-owners and joint users of digital assets.