ON THE CIVIL LEGAL NATURE OF “DIGITAL PROPERTY”

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.