If I accidentally send my NFT to the wrong wallet, what legal claim do I have to get it back?
There are claims under the law of obligations and the law of property. While the claims
under the law of obligations such as the law of enrichment or tort law are directed only
against the thief, a claim may also exist against third parties under the law of property if they
are in bad faith.
As it stands now, the missing legal status of NFTs in Danish law makes it so there would be no legal
basis for a claim, and therefore no legislative mechanism to be activated in order to attempt to get
the NFT back.
There is no legally documented process for recovering an NFT sent to the wrong wallet.
When you keep an NFT that was wrongfully sent to you and refuse to send it back
when the actual owner requests, you are violating a right and causing damage to a third party,
therefore committing an illicit act, pursuant to article 186 of the Brazilian Civil Code.
In this case, the owner can file an restitution action, but for this to be possible, it is
necessary to have several information about the person responsible.
As a general principle, condictio indebiti applies.
