#BlockchainLaw

The Off-Chain Enforcement Problem in Tokenized Finance

Tokenization promises to revolutionize finance by digitizing assets like real estate and securities, yet it faces a critical challenge known as the off-chain enforcement problem. While blockchain ledgers provide immutable records of transactions, they do not inherently guarantee legal ownership of the underlying real-world assets. Investors often mistakenly equate digital token possession with direct asset ownership, failing to realize that legal rights are governed by traditional contracts and jurisdictional laws. In bankruptcy scenarios, token holders may find themselves classified as unsecured creditors rather than asset owners if the legal structure is not properly aligned with the blockchain record. This discrepancy highlights that smart contracts cannot force real-world entities to honor claims if the underlying legal framework is absent or poorly defined. Major financial institutions are now prioritizing legal wrappers and custodial arrangements to bridge this gap between code and law. Ultimately, the long-term viability of the RWA market depends on integrating robust legal infrastructure alongside blockchain technology to ensure that digital tokens represent enforceable property rights.

tekedia.com·1d ago