Affiliation:
1. Institute of State and Law of the Russian Academy of Sciences
Abstract
The article compares digital currency with the digital ruble and other non-cash funds (on bank accounts as well as electronic money) and justifies their different civil law nature that, due to the use of the common digital characteristic in their names, leads to their confusion, but not to the clear distinction among them. In order to ensure digital currency with the necessary civil law treatment, it is concluded that it be recognized as property in civil law. By analogy with intellectual property, it is argued to distinguish between an intangible object – a digital sign (digital code, token) and a civil legal right to be acknowledged in law for it. From this point of view, given the absence of a debtor in an obligation, digital currency in Russian Civil Law should be treated as an absolute digital right and regulated in details in the current civil legislation regarding the order of its appearance, implementation (disposal), transfer, lien, termination, and protection.
Publisher
The Russian Academy of Sciences
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