An Analysis of the Application of Property and Insolvency Laws to DeFi Lending Structures

The team at Latham & Watkins analyses how English property and insolvency law may apply to DeFi lending structures, warning that where digital assets are deposited into smart-contract vaults with no identifiable legal person behind them, lenders, borrowers and insolvency practitioners may face unresolved questions over ownership, set-off, collateral recovery and whether any insolvency estate exists at all.

Read more.