The Uzbek Journal of Law and Digital Policy (UJLDP) 4-tom 3-san (2026) · 60-73-betler
The Legal Status of a Spouse in Transactions Involving Crypto-Assets and Issues of Joint Matrimonial Property
Kamalkhodjaeva, Zulaykho
Annotaciya
The rapid expansion of the crypto-asset market in the Republic of Uzbekistan, whose turnover exceeded two billion US dollars in 2025, has confronted the country's family law with a question that lacks a direct statutory answer: do crypto-assets acquired by spouses during marriage constitute their joint property? This article is devoted to a doctrinal analysis of that question under the legislation of the Republic of Uzbekistan currently in force. Applying formal-legal, comparative-legal, and systemic-structural methods, the author establishes that crypto-assets fall within the open-ended enumeration of Article 23 of the Family Code of the Republic of Uzbekistan through the category of "property right" introduced by Presidential Decree No. PP-3832 of 2018, read in conjunction with Article 81 of the Civil Code of the Republic of Uzbekistan. At the same time, three critical lacunae are identified: the inapplicability of the spousal-consent mechanism to irreversible blockchain transactions; the absence of valuation rules for volatile assets upon division of matrimonial property; and the normative vacuum regarding the evidentiary status of blockchain data in civil proceedings. Drawing on the experience of Russia, Germany, Kazakhstan, and the Republic of Korea, as well as the UNIDROIT Principles on Digital Assets and Private Law, four proposals de lege ferenda are formulated, encompassing amendments to the Family Code, the Civil Procedure Code, and the Plenary Resolution of the Supreme Court of the Republic of Uzbekistan No. 3 of 2023.
Crypto-AssetsJoint Matrimonial PropertyFamily Code of the Republic of UzbekistanDigital AssetsSpousal ConsentDivision of Property upon DivorceBlockchainProperty Rights
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