Цифровизация и вещные права. Фрагмент из цикла лекций «Гражданское право и цифровизация»

Abstract

This article considers relation between new objects of digital law and trаditional concepts of property law (iura in re), such as thing (res), proprietary rights (iura in re), property (ownership), possession, proprietary action (actio in rem). The majority of civil law scholars decline direct application of proprietary concepts to the digital objects because of the ideal, immaterial nature of the latter. But the lack of detailed property law regulation and contradictions within the Civil Code of Russia give an opportunity to extend the mentioned rules to digital objects. The main goal of this process is the creation of a special proprietary action which will make possible the recovery of digital objects by their proprietors.