Can the person that airdropped an NFT to me claim it back later?

Select jurisdiction

Germany
  • Germany
  • Brazil

Germany

This depends on the circumstances of the airdrop.
Usually, there is no real legal reason to claim back the airdrop. But there might be cases
were claiming back the airdrop is based on a legal claim.
For example, if the airdrop is accidentally sent to the wrong wallet address (wrong recipient),
the sender might have a legal claim against the recipient. The practical legal issue will then
be to identify the holder of that wallet.
Another example might be airdrops that are not free but require something on behalf of the
recipient. If the recipient does not do what is (contractually) required by him, the sender
might have a legal claim to claim back the airdrop.

Christoph Engelmann

Regulation

Brazil

See question 1.1.2.10. Other than that, according to the Civil Code, the donor, that is, the person who sent the
airdrop can request the revocation in case of serious misconduct, unfulfilled charges, or acts of ingratitude by the doner (articles 555 to 557). However, in practice, it would be difficult to make this return of the airdrop feasible. Once the airdrop is given, it is understood that the asset was transferred of its own free will, without any counterpart, on the part of the issuer. Even if this occurs by mistake, there is no legal certainty
in the sense of recovering the object of the airdrop, even if this can be legally required.

Murilo Picchioni

NFTs, web3, Crypto

We are a virtual law firm for web3 matters.

NO LEGAL ADVICE

Meet the team behind WEB3LEX.