Fundamental Categories of Civil Law in the Conditions of Digitalization of Society (on the Example of Banking Agreements)

Abstract

The author discusses the problems related the transformation of the theory of civil law in the situation of subjects and objects. It is noted that there is one fundamental question that can be divided into separate sub-questions. The question is if it is necessary to expand the legally established list of subjects/objects. Can new digital relationships be explained according to classical constructions? In order to solve these problems, the author proposes a “test on the principles of civil law”. It can be a theoretical and practical basis for solving the issue of changing fundamental approaches to the subject, object, subjective rights, legal facts in the conditions of digitalization of society. According to this approach the “test on the principles of civil law” is a thought experiment, which consists in presenting how the principles of civil law will be interpreted with a significant transformation of the fundamental categories of civil law in connection with the digitalization of society.