Transformation of the Institute of the Source of Increased Danger in the Information and Digital Era

Abstract

Introduction: the development of the latest information and telecommunication technologies used in the civil law sphere transforms the understanding and application of tort liability for damage caused by a source of increased danger. The identified mechanism requires a scientific analysis to determine the essential changes in the institution of a source of increased danger. The implementation of activities related to the sources of increased danger implies the presence of a threat of harm to the subjects of law. To ensure the greatest protection of subjects, digital technologies are used. The purpose of the study: to determine the characteristics of the concept “owner of a source of increased danger”, to consider the impact of digital technologies on the institution of a source of increased danger. Methods: general method; general scientific method (logical (induction, deduction, analysis, synthesis), system); private law (formal legal, comparative legal). Results: the content of the concept “owner of the source of increased danger”is revealed. The problem of lack of transparency of information about the owner of the vehicle, its causes and consequences is raised. Considered the actual use of digital technologies today in this area and proposed ways to develop the protection of subjects of law from the possibility of illegal actions. Conclusions: the characteristics of the basic concept of “owner of a source of increased danger” are defined, the influence of digital technologies on the institution of a source of increased danger is considered. It is revealed that the identification of the concepts “owner of the source of increased danger” and “owner of the property” can lead to a mixture of proprietary relations and non-contractual obligations, requiring their specific legal regulation. The analysis of the new electronic title is carried out, as well as the further prospects of its development are revealed. The approximate list of data necessary for safety of the subject which enters the legal relationship connected with use by the vehicle is specified.