This paper aims to approach the institute of property as a scarcity management mechanism, from the Economic Analysis of Law perspective, which seeks to broaden the understanding of legal phenomena by using the theoretical tools of economics. A distinction is made between the public and private ways of defining property, comparing the social costs arising from each of them and the possible advantages of their implementation. After this contextualization, we seek to investigate the suitability of Bitcoin as an instrument for defining property independently of the State, with an incursion into the technological characteristics and monetary policy of this asset, as well as the differences between physical property and digital property.