Договор обмена прав, удостоверенных по конструкции цифровых финансовых активов, и его разновидности

Abstract

Introduction: the circulation of rights certified by the construction of digital financial assets makes it necessary to make various transactions with such rights, including paid transactions that mediate the exchange of these rights for other objects of civil rights. The purpose of the study is to identify the features characteristic of the agreement for the exchange of rights, certified by the construction of digital financial assets, allowing distinguishing this agreement from related legal categories, to define this agreement and identify its varieties. Methods: the methodological framework for the research is a set of methods of scientific cognition, among which the main ones are analysis, synthesis, generalization, and comparative jurisprudence. The results of the study have made it possible to formulate a position on the need to introduce the structure of an exchange agreement into the system of contract law and apply this structure to relations arising from the exchange of rights certified by the construction of digital financial assets. Conclusions: it is proposed to include the definition of the agreement for the exchange of rights certified by the construction of digital financial assets in Russian legislation, stating it as follows: “Under the agreement for the exchange of rights certified by the construction of digital financial assets for other objects of civil rights, one party that is the owner of digital financial assets, through the intermediary of the operator of the exchange of digital financial assets, undertakes to transfer to the other party of the agreement its own property rights, certified by the construction of digital financial assets, in exchange for the transferred equivalent items (except for cash and currency) or other property rights”. Depending on the specifics of the subject of the agreement, the need to distinguish three types of the rights exchange agreement certified by the construction of digital financial assets is defended.