The Smart-Obligations in the Digital Environment

Abstract

The article deals with the provisions of changing the norms of the Civil Code of the Russian Federation in part of new objects of civil rights: investment tokens for shares, digital rights for information technology, derivative financial instruments or their equivalents, obligations. Stochastic smart-obligations as the special part of fiduciary obligation, the issues of liability regarding digital financial assets, digital rights, as new objects of civil rights on the basis of the contract are touched upon, the effectiveness of the application of the model of legal regulation of legal obligations. The author analyzes the new norms of the Federal Law No. 34, as well as legislation in general and practice in terms of determining the legal status of participants in contractual relations. This article introduces especially corporate area and will discuss the implementation of rights on derivatives involving a contract with a forex dealer. It will also consider the possibility of applying the institutions of the refusal to execute the contract, the waiver on such contracts and some other legal relations involving the exercise of rights using technical and electronic means. Additionally, the provisions of the Federal Law No. 259 ‘On digital financial assets’ was analyzed.