Proprietary Rights Research Articles

The Emergence of Principles and Best Practices on Digital Assets: Proprietary Rights, and Enforcement

The Emergence of Principles and Best Practices on Digital Assets: Proprietary Rights, and Enforcement

Scotland in the Forefront of Property Law Reforms in the UK: Potential Implications for the Scottish People

Abstract The Scottish Government has taken steps to revolutionise its body of law on ‘trust and succession’ and housing. The recent Trusts and Succession (Scotland) Act 2024 has severally impacted the issues of appointment and removal of trustees, fiduciary duties of trustees, rights of beneficiaries, and Environmental, Social, and Governance (ESG) investments in Scotland; while the proposed new Housing (Scotland) Bill 2024 has the proclivity of influencing rent, rent control areas, eviction and homelessness in Scotland. Accordingly, this paper focuses on exploring the potential impacts of these legislative reforms on the lives of the Scottish people. Do they ‘make’ or ‘mar’ the proprietary rights of the Scottish people? Are all the provisions useful to Scotland’s rental market? Will the proposed ‘ask and act’ approach address homelessness in Scotland? This paper will also be important to jurisdictions that may intend to modernise their property law and housing regimes.

ANALISIS KELAYAKAN USAHATANI PADI VARIETAS INPARI 32 DI KELOMPOK TANI MARDI LESTARI DESA BUNGO KECAMATAN WEDUNG KABUPATEN DEMAK

Bungo Village is one of the villages that produces the most rice in Wedung District. This research aims to determine total costs, revenues, income, BEP and the feasibility of farming based on the RC ratio value. In determining the sample of respondents using the probability random sampling method involving a sample of 30 respondents. Based on lan ownership status, namely own lan (proprietary rights), leased land and sharecropped land, so the research shows that the total costs incurred for rice farming per planting season per hectare consecutively are Rp 14,043,000,-, Rp. 22,793,000,- and Rp. 13,969,000,-. Revenue from rice farming is Rp. 37,092,600,-, Rp. 34,489,800,- and Rp. 16,402,300,-. Rice farming income is Rp. 23,703,600,-, Rp.13,783,800,- and Rp. 8,427,300,-. BEP units are 2,600.5 kg, 4,220.9 kg and 2,586.9 kg. BEP price Rp. 2,044.4, Rp. 3,568.7 and Rp. 2,104.1. The RC ratio values are 2.64, 1.51 and 1.5 respectively, which means that Inpari 32 variety rice farming is worth the effort.

Концепция овеществления обязательственных прав при приобретении земельных участков в германском праве: проблема совместимости с пандектной систематикой

The transfer of title to land is the desired goal of the acquisition of rights to them. The conclusion of a sale and purchase agreement for a land already creates for the acquirer a hope for the imminent registration of rights to immovable property. In German law in the 20th century, the theory “Die Verdinglichung obligatorischer Rechte” began to be developed, which proposes to qualify the acquired position of the acquirer as a real one. Meanwhile, different supporters of this theory make the admissibility of such qualification dependent on different facts. In this article, the author considers these theories, correlates them with the general principles of proprietary rights, and asks the question about the possibilities of various registration techniques — the registration notice of a sale and purchase agreement (which existed in domestic law until 2013) or the German priority notice (Vormerkung) — to give a proprietary effect to the claims arising from obligations that served as a basis for such notices.

ECONOMIC RIGHTS OF WOMEN UNDER SOKOTO CALIPHATE: A LESSON FOR CONTEMPORARY WOMEN IN NIGERIA

This paper economic rights of women under the Sokoto Caliphate, a lesson for women of contemporary Nigeria, discusses the various economic activities which women engaged themselves in Sokoto without interference from the men. Rights of women have occupied prominent place in the scheme of Islamic affairs from the inception of Islamic message. It is no longer a history to state that the Prophet (S.A.W) upgraded the status of women from what is used to be and made them equal with the male gender throughout the period of his Prophet hood. Part of the rights accorded women in the early days of Islam includes economic right. This paper highlight some of the entrepreneurship which women engaged in and also challenges which they face in the caliphate before now. It also discussed are the rights enjoy by Muslim women in Sokoto. Adequate attention is devoted to the proprietary and the employment rights of women in Sokoto as well as other such challenges effecting enjoyment of rights accorded Muslim, women in Islam to cater for their economic well-being. The paper is structured into major parts starting with proprietary right of women in Islam contemporary to the economic rights of women in Nigeria. As a lesson and challenges to the cotemporary women in Nigeria. The study adopted qualitative research method where secondary sources of data were utilised and analysis as its methods of analysis.

가상자산의 物件性 여부 및 물권법 법리에의 포섭 가능성에 관한 논의

Whether virtual assets can be regarded as a ‘thing’ or ‘property has been widely discussed, because it can be a prerequisite to whether legal theories in property law and in bankruptcy law would be applied to virtual assets. Although financial regulatory Acts on virtual asset law are being legislated around the world, few countries have legislated how virtual assets will be understood in civil law. In this situation, Liechtenstein has in 2019 and Switzerland has in 2021 partially regulated civil legal issues of virtual assets in their Acts and UNIDROIT adopted its principles on digital assets in 2023. Liechtenstein’s TVTG(Token- und VT-Dienstleister-Gesetz) does not recognize virtual assets (tokens) as a thing, but restricts the concept and legal effects of tokens only within the Act. The Act distinguishes between de facto powers of disposition and justified right of disposition, but a person who has de facto power over a VT-key is considered to have legitimate right over the tokens associated with that key. In addition the disposal of tokens does not depend on the existence of a legal title (principle of abstraction), while the so-called causality principle prevails in Liechtenstein property law. If a token is disposed of without a legal title or if an initially existing legal title later ceases to exist, the legal transaction must be rescinded ex-nunc in accordance with the law of unjust enrichment. Considering the characteristics that the VT-system fulfills the registration function and has a high level of reliability, the possibility of acquisition in good faith is recognized. A significant part on civil legal issues in the DLT(Distributed Ledger Technologie) Act of Switzerland relates to ‘register uncertificated security’ (Registerwertrecht) which dematerializes securities using distributed ledger technology. The Swiss legislators additionally reviewed whether cryptocurrency could be considered a thing and concluded that it is unreasonable to extend the concept of natural forces to cryptocurrencies such as Bitcoin and that legal status on the blockchain can be claimed only to the participants in the blockchain system. Considering that cryptocurrency is not recognized as movable property, it is recognized as a type of intangible property. However, the Act recognized the right to separation for crypto-assets in general. This provision is enacted because it was practically necessary to determine whether crypto-assets belong to the bankruptcy estate when the wallet provider goes bankrupt. The DLT Act does not recognize general crypto-assets as a thing, but the right to separation of crypto-assets is recognized under certain conditions. The UNIDROIT Principles treat digital assets as being susceptible to being the subject of proprietary rights, without addressing whether they are considered ‘property’ under the other law of a State. The Principles don’t prescribe the specific requirements for a valid right of ownership in a digital asset or for it’s valid transfer. Instead, the principles provide a detailed definition of control, which assumes a role that is a functional equivalent to that of ‘possession’ of movables. However, ‘possession’ in this context is a purely factual matter and not a legal concept. But the concept of control serves as a necessary requirement for qualifying for protection as an innocent acquirer of a digital asset and as a method of third-party effectiveness and a basis of priority of security rights in a digital asset. It should be noted that a security right in a digital asset that is made effective against third parties by control has priority over a security right in the digital asset that is made effective against third parties only by a method other than control. A proprietary right in the digital asset remains effective on insolvency, but difficulties are expected if the insolvent person might refuse to reveal the password. In conclusion considering the char

Oligarchy and proprietary rights on land in Kenya

This study sought to discuss oligarchy and proprietary rights on land in Kenya. Oligarch Landownership in Kenya has been a persistent problem, with few monarchs holding the larger tracks of land for their selfish gains, whereas the majority of the population, which comprises marginalised peasants, are left scrambling for the infertile leftovers, enough reason which triggered an investigation, a thorough research into how this came to be and its implications for proprietary rights. Through this research acting as a looking glass into this nightmare haunting most Kenyans, solutions are proposed to improve the solution and ensure that the core of justice and fairness are adhered to. Secondary sources were selected for data analysis from various academic sources and scrutinised for viability for inclusion in the study. A meta-synthesis of the selected samples was conducted, and literature gaps were identified in solutions to the proposed problem. The results from this study indicate that historical, political, and economic aspects in Kenya have played a major role in the grounding of oligarchy land ownership in Kenya. The study's conclusion includes examining the broader implications of oligarchic landownership for Kenya's social, economic, and political development. The study proposes several potential solutions and reforms, including advocating for comprehensive land reforms, fortified land administration systems, empowerment of marginalised groups, and cultivating accountability and transparency in land governance.

Legal Consequences of Divorce in Intermarriage on the Marital Property in the form of Land Proprietary Rights

Intermarriage brings legal consequences to the assets in the marriage including the mixing of joint assets. Marital property, specifically, regarding land ownership rights in Indonesia causes a problem if there is a divorce. The joint assets in the form of ownership rights to the land must be shared between Indonesian Citizens and Foreign Citizens while Law Number 5 of 1960 concerning Basic Regulations -The Agrarian principle prohibits foreign nationals from owning property rights. This research aims to find out the position of Foreign Citizens regarding land ownership rights in Indonesian laws and regulations and the legal consequences of divorce on land ownership rights in mixed marriages. This research is normative legal research, the type of research used is research on legal systematics by taking inventory of laws and regulations governing land ownership rights in intermarriage, identifying problems, and analyzing them qualitatively.
 Keywords: intermarriage, land proprietary rights, divorce

The action of rights in rem on the relations of merchant shipping

The article explores the legal nature and analyzes the relationship of property, obligation and public law relations arising in the field of merchant shipping. The conclusion about the leading role of civil law in the regulation of these relations is substantiated. At the same time, the basis for the construction of both obligations and public marine legal relations are proprietary relations and rights ("rights in rem"), that establish the affiliation of material objects which are used for merchant shipping. Considering the inconsistency of the current real law regulation with existing socio-economic needs, the author analyzes the content of the bills prepared in the process of reforming civil legislation. In author`s opinion, these bills do not fully solve the tasks of establishing in the Civil Code of the Russian Federation a closed list of rights in rem («numerus clausus») and proper regulation of possession. In particular, the unresolved problems of regulating proprietary rights on natural resources, the controversial approach of the legislator and the authors of the reform to determining the legal status of a sea vessel are noted. The author does not agree with the exclusivity of the principle of a single real estate object and justifies the need to preserve the status of a sea vessel as a real thing. The article defends the position of a consistent distinction between real and obligation, absolute and relative, as well as private law and public law relations. However, the author does not agree with the self-removal of civilists from the tasks of coordinating civil and administrative legislation. The right of ownership and other absolute proprietary rights (rights in rem) are regulated exclusively by civil law. Their connection with such public law obligations as obligations to ensure the safety and environmental friendliness of merchant shipping is realized by concretizing in relative public legal relations the general passive legal obligation of the owner not to violate the subjective rights of other persons. This obligation is enshrined in the provisions of the Civil Code of the Russian Federation and is characterized in modern civil science as a general regulatory and protective obligation of a public law nature. The author of the article substantiates that such an obligation may arise not only from the owner, but also in cases where a person owns a material object on other titles (bareboat charter, possession of cargo, etc.). The above justifies the need to formulate the general provisions of rights in rem not only considering the tasks of ensuring civil circulation, but also taking into account the needs of public law regulation of such areas as merchant shipping.

Playing God: Human Digital Twin. A legal approach

Human Digital Twins (HDTs) seem futuristic, but the technology behind them is already a reality. Two elements make up HDTs technology: the real person and his or her digital counterpart/twin, as well as two-way communication between them. Furthermore, the actual surroundings and people that the twin interacts with in real life are transferred into cyberspace. A complete HDT does not exist, yet. In most cases, only certain aspects of human attributes are used in a particular context for specific purposes. But the technology will be able, sooner or later, to „create” a “full” HDT. This endeavour could be equated with a God creation, if we admit that God exists. To prepare to face the future, which is already here, everybody should be at least well informed. Therefore, in this article we will try to depict a comprehensible portrait of the HDTs. We will start by making a brief presentation of what Digital Twins (DTs) and HDTs technologies mean, their functioning, and their practical applications. We will focus afterwards on the legal issues concerning HDTs in an EU legal context. We will try to clarify the applicable rules and the HDTs ownership and other possible proprietary rights, such as intellectual property ones. Last, we will name a few legal and other concerns connected with HDTs.

DIGITAL ASSETS IN INTERNATIONAL PRIVATE LAW

Cryptocurrency is an intangible digital asset which has a cryptographic identity and uses a decentral-ized system. The intangibility and cryptographic identity will tie the existence of cryptocurrency and the encryption key which is used to produce a digital signature that is later used to conduct a transaction. In general, an intangible asset will seek how a legal system regulates the existence, transfer, and transaction of the asset. In this case, it shall apply the principle of lex rei sitae. This Latin phrase means the law of the land where the asset is situated. As for cryptocurrency, the digital asset is situated in a certain place on a server which is owned by the owner of the asset or a third party. The destination and transfer of that as-set will be governed by the law where the asset is situated. This is an application of private international law which will determine the fundamental law or general principle law of some countries in relation to foreign law and legal-based decisions on a case regarding the legal interest between private parties that come from different countries and different country laws. The existence of the asset, transfer, transaction, and the possible dispute between the parties will be determined by the law that applies to the owner of the asset. If the owner is domiciled in a country with a different law than the asset is situated, it is possible to change the place or apply the law of the owner’s country. This is called renvoi. This is a very complex law application, especially for the global scope of cryptocurrency transactions, so it is necessary to further discuss the application of it to the dispute involving the foreign party. This work does not cover various legal issues related to cryptocurrencies but considers only private international law aspects. It is based on the assumption that cryptocurrencies have the potential to evidence intangible assets and can be subject to proprietary rights.

Artificial Intelligence and evolving issues under US copyright and patent law

The proliferation of AI tools in the arts, commercial design industries, and other endeavours has raised core questions regarding who or what actually supplied the alleged creative or inventive elements, if any, to the AI system’s output. In both US copyright and patent law the question focuses on a case-by-case analysis as to how much of the final product evidences human ‘authorship’ or invention. Also, creativity as well as infringement, can be located in various phases of the AI system’s creation, ingestion of training materials, management, and operation – including its output, whether affected prior to the output or after it. Issues such as liability for selecting ingestion materials or target data, as well as the potential inadvertent triggering of patent law’s bar date through use of specific AI systems, have also come to the forefront of AI’s potential to secure, forfeit, or impact claimed proprietary rights in AI-assisted creative and inventive activities. Several alternative intellectual property and unfair competition approaches that can supplement or supplant copyright and patent law principles also come into play as users of AI seek to protect the products of their efforts.

Crypto Insolvencies and the Limits of a Contract and Contract Law

This article examines contracts between crypto-asset service providers (CASPs) and their customers. The recent collapses of major crypto-platforms, like Celsius and FTX, highlight both the importance and limitations of such contracts. In this article, I examine the role of digital contracts or ‘crypto-contracts’ in the resolution of conflicts in crypto insolvencies, and question whether (exclusive) reliance on these contracts is optimal from the perspective of foreseeability, fairness and protection of customer rights. I demonstrate that contracts with crypto-platforms tend to be long, complex, ambiguous and subject to frequent unilateral modifications. They often create uncertainty about the rights of customers in deposited crypto-assets (personal v. proprietary). This is their first limitation. The second limitation relates to potential interference of property law. Even if a contract grants certain proprietary rights to customers, property law may attach additional requirements for their creation and protection, such as asset segregation, and lead to the loss or transfer of ownership in a situation of commingling. Finally, the third limitation comes from the fact that the promises of contract and property law may be of little help where a CASP breaches the contract and reuses (disposes of) customer assets without consent. Together, these limitations constitute compelling policy justifications for interference with contractual relations. Insolvency of cryptoplatforms brings to light complex legal problems, which require a balanced and multi-dimensional approach. This approach should complement contractual arrangements with relevant rules from different areas of law, including consumer, property and administrative (regulatory) law.

A Study of The Paradigm Shift in The Land Ownership and The Provision of Land Grants in Ancient India

The present research paper deals with the concept and the dynamics of land ownership and the provisions of land grants in Ancient India. The theoretical concept of the ownership of the land and the land grant underwent tremendous changes and transformation in this period. The private ownership of land with rights of alienation in Ancient India secured through land grants was mainly religious in nature and were enjoyed by the priestly class. In course of time the private ownership of the land became an important constituent of the social structure. However, this was not applicable for all the landholding classes. The other sort of assignees was under the strict control of the rulers. Their land was liable to be confiscated and transferred. In the later Gupta age land and the proprietary rights in the land grew in importance and was at the helm of all social, cultural, religious, economic and political activities till the establishment of Delhi Sultanate. The land grants were given to officers and religious groups and establishments in exchange of services rendered to the state which are indicatives of economic crisis in the period on the one hand and on the other denotes that land in this period was a medium of social mobilization and social position. The society became more stratified and complicated. The primary and the secondary sources used in this paper are immense and varied in volume and content. Epigraphs, inscriptions, coins, cowries, texts all have been used to prepare a monograph to shed light on this important aspect which in many ways shaped the social, political, religious and economic history of the country.

Constructive Trusts and Theft

The Theft Act 1968 (UK) marked a major reform of United Kingdom criminal law resulting in numerous offences being superseded by a broad crime of theft. The Act explicitly provided that theft extended to interferences with equitable property rights. While the extension of the offence to express trusts might be largely unproblematic, the possibility of it applying to trusts arising by operation of law has been more controversial. This article suggests that the issue is likely to arise less often than is commonly supposed. Many rights enforced by way of a constructive trust can only properly be regarded as initially giving rise to a mere equity that will mature into a full proprietary interest only following the exercise of a power of election and/or the intervention of a court. It follows that, prior to such steps being taken, assets affected by such an equity will not be "property belonging to another" for the purposes of the definition of theft under the Act. Nonetheless, the concerns regarding the extension of theft to constructive trusts are well founded. The reasons for providing that equitable proprietary rights arise by operation of law have little to do with sound rationales for characterising conduct as theft.

Hiding Full-Color Images into Audio with Visual Enhancement via Residual Networks

Watermarking is a viable approach for safeguarding the proprietary rights of digital media. This study introduces an innovative fast Fourier transform (FFT)-based phase modulation (PM) scheme that facilitates efficient and effective blind audio watermarking at a remarkable rate of 508.85 numeric values per second while still retaining the original quality. Such a payload capacity makes it possible to embed a full-color image of 64 × 64 pixels within an audio signal of just 24.15 s. To bolster the security of watermark images, we have also implemented the Arnold transform in conjunction with chaotic encryption. Our comprehensive analysis and evaluation confirm that the proposed FFT–PM scheme exhibits exceptional imperceptibility, rendering the hidden watermark virtually undetectable. Additionally, the FFT–PM scheme shows impressive robustness against common signal-processing attacks. To further enhance the visual rendition of the recovered color watermarks, we propose using residual neural networks to perform image denoising and super-resolution reconstruction after retrieving the watermarks. The utilization of the residual networks contributes to noticeable improvements in perceptual quality, resulting in higher levels of zero-normalized cross-correlation in cases where the watermarks are severely damaged.

Legal consolidation of intellectual property as a component of terminology

In the work, the author determined the relevance of the topic of scientific research. It was noted that the principle of studying intellectual property as an independent legal term is determined by: first, the general methodological importance of studying and improving the concepts and categories of jurisprudence, as well as the terminology used in acts of law-making, legal interpretation and law enforcement; secondly, the existing shortcomings of its terminological consolidation in the provisions of both international law and Ukrainian legislation; thirdly, the doctrinal uncertainty of intellectual property as a component of the conceptual and categorical apparatus of legal scienceThe perspective of using the value-legal approach, which was taken as a basis for the study of intellectual property as a special value-legal phenomenon, has been proven, which will allow not only to determine the key properties of intellectual property, but also to put them in the basis of an improved conceptual definition and terminological consolidation. The state of scientific development of the subject of the article has been established. Based on the analysis of the state of the terminological consolidation of intellectual property, which is presented in the provisions of international legal acts and acts of the legislation of Ukraine, a critical assessment was given to it, and shortcomings were identified. It has been established that the vast majority of scientists approach the understanding of intellectual property from the point of view of opposite theories - proprietary and exclusive rights theory. Moreover, even in legal science, scientists are already debating whether these theories relate to intellectual property or, after all, to the theory of intellectual property rights.It is summarized that the current state of the terminological definition of the concept of “intellectual property” reflects: first, the value perception of intellectual property as something that requires personalization and definition of the range of rights of subjects, with the aim of its potential legal protection and possible legal protection; secondly, intellectual property is considered as the result of creative activity, which can be carried out only by a person due to his creative (intellectual) abilities; thirdly, the lawmaker clearly defines the spheres of a person’s creative activity, where the result will be intellectual property, which includes industrial, scientific and artistic property; fourthly, intellectual property is understood through the prism of the personified right of the relevant subjects, which refers to the results of creative activity in the industrial, scientific and artistic spheres.

Essence of the Stipulation in the Roman Private Law

Introduction. The issues of stipulation were widely covered in the ancient Roman Law sources of knowledge. Throughout the history of Roman Law, the institution of stipulation has undergone some changes. The stipulation arose in the archaic period and got the greatest development in the classical era. Within the Roman Private Law course, which is obligatory for substantial study of the Law curriculum, the special place is allocated to the topic of stipulation. The aim of the present study is to provide the scientific analysis of the Roman Law sources of knowledge with regard to the subject matter of the institute of stipulation in the Roman Private Law, finding out its structural features, origin and evolvement in the historical perspective.Materials and Methods. The legal, organisational, worldview, methodological and other aspects of studying the stipulation within the Roman Private Law have been considered by applying the methods of scientific cognition generally accepted in Russia: general scientific (dialectical) and specific scientific (analysis, synthesis, historical case specific, logical, etc.) methods.Results. The stipulation is an unilateral agreement (contract) used in the Roman Law, concluded orally (verbally) between the parties (debtor and creditor) in the form of solemn declarations regarding the proprietary rights of the Roman citizens and foreigners. The mandatory attributes of the stipulation are: the grounds, the subject, the parties, the form and classification. Various juridical factors used to be the grounds for arising the stipulation. Alongside, according to the Roman Law School, the provided obligation was referred to the range of conventional (contractual) ones, was unilateral and had an abstract nature. Any obligation comprising the ownership right as well as the right of possession could constitute the subject of the stipulation. The provisions on monetary assessment timeframe of an object of obligation, various conditions for terminating the stipulation, circumstances excluding the defense's claims in the lawsuit based on the stipulation, and mandatory requirements for making a deal have been considered in the article. The parties to the agreement were both Roman citizens and foreigners. The deal could be made for the benefit of a creditor as well as his heirs. The obligations within the stipulation and the features of slaves’ participation in the agreement have been considered. In such agreements the parties were represented by: guardians, adstipulators, donators. The timeframe for fulfilling an obligation should have been indicated as a condition for concluding an agreement, and the period for claims in the lawsuit began from the moment of detecting the violations of an obligation, which took place during the factual happening of an event in the frame of the agreement. The potential perspective has been highlighted during studying the history of obligations within the stipulation on the territory of the Bosporan kingdom, being the part of the Roman protectorate. The examples of the institution of stipulation acceptance in the current Law of Obligations have been considered.Discussion and Conclusions. The conducted research has theoretical and practical value and is targeted at the educators providing professional training to future lawyers. Thus, one of the topics proposed for including into the Study Module “Roman Private Law” is the stipulation, which is traditionally studied within the Roman Law of Obligations.

QUESTIONING ANIMALS’ STATUS AS OBJECTS OF PROPERTY RIGHTS IN CROATIAN AND COMPARATIVE PROPERTY LAW

The proper coexistence of humans and other members of the living world is one of the essential preconditions for forming the rule of law. Through the influence of the biocentric concept, under the auspices of bioethical and animal-ethical thinking, the legal regulation of humans and animals develops within the framework of animal law as a relatively new branch of law. One of the central topics within the mentioned legal branch is the discussion of animals as objects of property (proprietary) rights and, potentially, as holders of certain legal rights. The above represents a significant challenge to property law and the theoretical foundations of civil law, given that the Croatian Ownership and Other Proprietary Rights Act does not explicitly mention the status of an animal, but the status of an animal as a thing derives from the Croatian property law doctrine. The paper analytically, historically and comparatively examines the current legal status of animals as objects of property rights. Historical insight refers to the development of the paradigmatic position of animals as things established in Roman private law. Analytical elaboration of current property law statutory provisions and reflection of property law doctrine are placed in the comparative legal context of the civil law provisions of those countries that have recognized animals as non-things or as sentient beings.

Цифровизация и вещные права. Фрагмент из цикла лекций «Гражданское право и цифровизация»

This article considers relation between new objects of digital law and trаditional concepts of property law (iura in re), such as thing (res), proprietary rights (iura in re), property (ownership), possession, proprietary action (actio in rem). The majority of civil law scholars decline direct application of proprietary concepts to the digital objects because of the ideal, immaterial nature of the latter. But the lack of detailed property law regulation and contradictions within the Civil Code of Russia give an opportunity to extend the mentioned rules to digital objects. The main goal of this process is the creation of a special proprietary action which will make possible the recovery of digital objects by their proprietors.