Can NFTS be subject to a foreclosure and if yes, how is it enforced/executed?

Select jurisdiction

  • Brazil
  • Sweden
  • Nigeria


Bearing in mind that the NFT is an asset that integrates the person's patrimony,
theoretically, in the event of a foreclosure/execution, this asset, having monetary value, could
be pursued to pay off debts, pursuant to the terms of the article 789 of the Brazilian Code of
Civil Procedure (Law n. 13.105/2015).


NFTs can be subject to foreclosure and the Swedish Enforcement Authorities are entitled to claim and collect
assets, e.g. NFTs, in order to pay an outstanding debt.

Elvin Sababi

Regulatory and Compliance (including AML), NFT IP rights, Crypto taxation


Recall our answer in above. Depending on the nature of the property and
the applicable law over the transaction, an NFT can be subject to a foreclosure
either under property law, or a sale of goods or a transferred copyright.
Enforcement would usually entail filing a suit in a court of law through local
attorneys, as the law around smart contract is yet to be fully developed in

Ifeanyi E. Okonkwo

Intellectual Property & Commercial Law

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