Research On The Duty Of Care Of NFT Digital Art Trading Platforms From The Perspective Of Tort Law

The first case of infringement involving NFT digital collectibles has opened up research on the duty of care of NFT trading platforms.In the case,the court ruled that NFT trading platforms should bear a higher duty of care and imposed corresponding obligations on the platform,but there are still many areas that need to be improved.To clarify the duty of care of NFT trading platforms,it is necessary not only to establish the platform’s duty of care,but also to address three ambiguous issues related to the platform’s duty of care.The duty of care is not a new concept in Chinese legal studies.From a comparative perspective,the duty of care is the core of determining negligence in tort law.It is not only a fundamental concept in common law regarding the liability of negligence,but also an important basis for determining fault in tort law in the civil law system.In Chinese civil law,proving the duty of care of NFT trading platforms requires both theoretical and practical exploration.On the one hand,the platform’s duty of care stems from the launch,control,and profit of the danger,which can achieve the goals and functions of tort law,meet the requirements of trust relationships and institutional costs.On the other hand,as a network service provider,the principle of fault liability is the principle of liability for the platform’s tort liability.The close connection between the duty of care and the principle of fault liability can assist the court in determining and judging the tort of negligence.The core function of the duty of care in the liability of NFT digital collectibles trading platforms is to determine the existence and degree of negligence,focusing on analyzing the relationship between the platform’s duty of care and the elements of negligence.The duty of care in the platform’s liability also has an extended function,assisting in determining the objective constitutive elements.The platform’s duty of care can help with factual judgment of value relationships,assisting in the description or limitation of behavior and causal relationships objectively.In addition,the duty of care can provide a new solution path for the dispute over illegality and fault,thereby playing an independent value of illegality.Depending on the nature of the basis on which the duty of care is established,the basis of the duty of care can be divided into formal and substantive bases.At the formal basis level,the basis for the platform’s duty of care is the duty of care arising from legal norms.Article 1197 of the Civil Code clearly states the general duty of care of the platform,and Article 1198 of the same law,which provides for the duty of security,is a supplement to the general duty of care of the platform,but there is no need to interpret Articles 1195 and 1196 of the same law as a duty of care.In addition to the Civil Code,the content of the platform’s duty of care can also be interpreted in other laws.A special type of duty of care is based on customary judgment and is based on the duty of care required by common sense for other platforms in the same position or of the same type.Finally,the violation of the duty of care is determined by the court through an examination of whether the parties have fulfilled such duty on the factual level.Usually,the "reasonable person" standard is used to determine whether the NFT digital collection trading platform has violated its duty of care,and various factors need to be taken into account.According to the provisions of the Civil Code,when the platform bears tort liability for violating its duty of care,the principle of fault liability is adopted,and research needs to be conducted from the perspectives of individual responsibility and majority responsibility.Regarding the way in which the NFT digital collection trading platform bears responsibility for violating its duty of care,the return of the "liability for damages" in the Civil Code makes it the core way for the platform to bear responsibility.At the same time,when the platform’s violation of the duty of care constitutes an infringement,obstruction,or risk of obstruction of absolute rights,the right to claim absolute rights can also be produced.