{"title":"论“数字财产”的民事法律性质","authors":"E. Sukhanov","doi":"10.24031/1992-2043-2021-21-6-7-29","DOIUrl":null,"url":null,"abstract":"On the basis of the various legal regimes of real, obligation, corporate and intellectual rights historically established in continental European private law, the article substantiates the conventionality of the terms “digital property” (“digital assets”) and “digital rights”, which in reality are not a new type objects of civil (property) turnover, requiring the creation of a special civil law regime, and a technical method of fixing property rights defined by law (mainly obligations and corporate), which is possible only with the help of special computer technologies within known information systems. “Cryptocurrency” should not displace official means of payment, and its use in circulation is subject to significant restrictions, the presence of which prevents the establishment of a legal regime for non-cash payments for it.","PeriodicalId":35992,"journal":{"name":"Harvard Civil Rights-Civil Liberties Law Review","volume":"106 1","pages":""},"PeriodicalIF":0.4000,"publicationDate":"2022-03-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"1","resultStr":"{\"title\":\"ON THE CIVIL LEGAL NATURE OF “DIGITAL PROPERTY”\",\"authors\":\"E. Sukhanov\",\"doi\":\"10.24031/1992-2043-2021-21-6-7-29\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"On the basis of the various legal regimes of real, obligation, corporate and intellectual rights historically established in continental European private law, the article substantiates the conventionality of the terms “digital property” (“digital assets”) and “digital rights”, which in reality are not a new type objects of civil (property) turnover, requiring the creation of a special civil law regime, and a technical method of fixing property rights defined by law (mainly obligations and corporate), which is possible only with the help of special computer technologies within known information systems. “Cryptocurrency” should not displace official means of payment, and its use in circulation is subject to significant restrictions, the presence of which prevents the establishment of a legal regime for non-cash payments for it.\",\"PeriodicalId\":35992,\"journal\":{\"name\":\"Harvard Civil Rights-Civil Liberties Law Review\",\"volume\":\"106 1\",\"pages\":\"\"},\"PeriodicalIF\":0.4000,\"publicationDate\":\"2022-03-15\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"1\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Harvard Civil Rights-Civil Liberties Law Review\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.24031/1992-2043-2021-21-6-7-29\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q3\",\"JCRName\":\"LAW\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Harvard Civil Rights-Civil Liberties Law Review","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.24031/1992-2043-2021-21-6-7-29","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"LAW","Score":null,"Total":0}
On the basis of the various legal regimes of real, obligation, corporate and intellectual rights historically established in continental European private law, the article substantiates the conventionality of the terms “digital property” (“digital assets”) and “digital rights”, which in reality are not a new type objects of civil (property) turnover, requiring the creation of a special civil law regime, and a technical method of fixing property rights defined by law (mainly obligations and corporate), which is possible only with the help of special computer technologies within known information systems. “Cryptocurrency” should not displace official means of payment, and its use in circulation is subject to significant restrictions, the presence of which prevents the establishment of a legal regime for non-cash payments for it.
期刊介绍:
The Harvard Civil Rights-Civil Liberties Law Review (CR-CL) is the nation’s leading progressive law journal. Founded in 1966 as an instrument to advance personal freedoms and human dignities, CR-CL seeks to catalyze progressive thought and dialogue through publishing innovative legal scholarship and from various perspectives and in diverse fields of study.