Digitized Rights as an Electronic and Virtual Fiction for the Legal Support for the Turnover of Subjective Claims

Abstract

Introduction: the paper examines the legal nature of such new categories as “digital rights”, “utilitarian digital rights”, “digital financial assets” and “digital currency”. The correlation of these phenomena with each other is clarified from the standpoint of modern civil turnover. The purpose of the study is to analyze the legally significant features of the above phenomena. Methods: the methodological framework for the study is a set of methods of scientific knowledge, among which the main ones are analysis, synthesis, generalization and comparative law. Results: the author’s position justified in the work is based on the legislation and the opinions of the competent scientists on the issues of clarifying the legal essence of the above-mentioned categories from the standpoint of civil law. Conclusions: the author suggests considering “digital rights”, “utilitarian digital rights”, “digital financial assets” not only from the standpoint of objects of civil rights, but also from the standpoint of the original digital form of fixing property rights. It is proposed to introduce the category “digitized rights” into the legal lexicon as a kind of fiction used to ensure the operability of the legal mechanism that mediates the turnover of subjective claims in the electronic and virtual environment.