If someone steals my NFT, 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.
In the case of such crime, the injured party may file an action for repossession, provided for in article 560 et seq. of the Brazilian Code of Civil Procedure. For this, the owner must prove the criminal identity and the elements of the crime, according to the terms of the
Brazilian Criminal Code (Decree Law n. 2.848/1940).
Several rights can be explored depending on what is stolen. If it is the token itself
without the embodiment of the work (copyright), it will be difficult to prove
copyright in the token itself due to the requirement of originality and sufficient
effort. Where, however, the work embedded in the token is the subject of theft,
then, an action may lie for copyright infringement on the basis of unauthorised
reproduction or publication.
Where the product/good is not eligible for copyright, an action may lie for
misappropriation of goods or failure to pay the price, or for breach of contract.
Nigeria law is not yet developed to fully integrate digital space law. Otherwise, an
action for trespass should be explorable.
There is also the criminal action for stealing or obtaining by false pretences, or