SHS Web Conf.
Volume 118, 2021RUDN Conference on Legal Theory, Methodology and Regulatory Practice (RUDN LTMRP Conference 2021)
|Number of page(s)||5|
|Section||Modern Trends in Regulatory Practice Development: Private Law|
|Published online||23 August 2021|
Property turnover digitalisation: Interdisciplinary problems of post-classical jurisprudence
1 Kutafin Moscow State Law University, Department of Civil Law, Moscow, Russia
2 Ural State Law University, Department of Business Law, Yekaterinburg, Russia
3 Immanuel Kant Baltic Federal University, Law Institute, Kaliningrad, Russia
4 RTS-Tender LLC, Legal Division, Moscow, Russia
* Corresponding author: firstname.lastname@example.org
The purpose of the research is to consider the key interdisciplinary research and practice problems of the property turnover digitalisation and propose ways to solve them. Elements, phenomena and processes of the digital environment first appeared in the countries of the Anglo-Saxon legal family. By determining the constitutive features of them, the authors turned to classical domestic and foreign legal statutory concepts and policy management. The research was carried out by the comparative-legal method and modelling method. The identification of interdisciplinary research and practice problems as well as methods for solving them was based on the methods for ascent from the abstract to the concrete, induction and deduction. As a result of the implementation of the research objectives through the general scientific and private scientific methods described above, the authors identified the constitutive features of the key elements of property turnover in the digital environment, such as digital currency, smart contract, electronic trading. Identified were both doctrinal and practical problems associated with the essence and features of those elements, as well as the legal regulation of the associated relations. Those elements are considered in two dimensions, in the information system and legal field. In addition, significant gaps in the regulatory framework of the associated relations were identified; the impossibility of applying the classical regime of objects of civil rights and the rules of documentary circulation to digital objects and processes was substantiated. The novelty of the work consists in proposing ways to solve interdisciplinary theoretical and practical problems of the property turnover digitalisation, which are important for a wide range of academic researchers and practitioners in the legal field.
Key words: digital currency / contract / agreement / document
© The Authors, published by EDP Sciences 2021
This is an Open Access article distributed under the terms of the Creative Commons Attribution License 4.0, which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.
Current usage metrics show cumulative count of Article Views (full-text article views including HTML views, PDF and ePub downloads, according to the available data) and Abstracts Views on Vision4Press platform.
Data correspond to usage on the plateform after 2015. The current usage metrics is available 48-96 hours after online publication and is updated daily on week days.
Initial download of the metrics may take a while.