DIGITAL FINANCIAL ASSETS AS A NEW PROVISION OF THE MARRIAGE CONTRACT

Abstract

Abstract: the article focuses on a new direction of research for domestic civil science – the specifics of including conditions on digital financial assets in a prenuptial agreement. The article draws attention to the progressive formation of the domestic ecosystem of digital financial assets, which is a factor in the growth of the number of prenuptial agreements that take in to account digital financial assets; clarifies the role of the prenuptial agreement in the structure of contractual regulation of property relations in the digital economy; makes general comments on the legal nature of digital financial assets; the features of the inclusion of the condition on digital financial assets in the text of the marriage contract are disclosed. Conclusions are drawn that digital financial assets, being property rights, are subject to the legal or contractual regime of the spouses' property; are immanently linked to a specific information system, which should be taken into account in the terms of the marriage contract; are accessed using user accounts, access to which is predetermined by the passage of authentication procedures and user identification using logins, passwords, biometrics, etc. The leading role of the notary in the correct formulation of the relevant provision of the marriage contract is noted, which is necessary to protect the interests of a particular party to the marriage contract, prevent legal conflicts in the future, as well as ensure the unhindered exercise of rights by third parties who are associated with digital financial assets.