Obligations in the Digital Environment: Legal Doctrine

Aspects of cross-sectoral influence on the spheres of private and its public regulation construct of obligation in the digital environment using the example of utility digital rights. Specific obligation relationships in the form of the exercise of rights under utility digital rights and derivative financial instruments, including under an contract between a forex dealer and an individual, and others that involve the exercise of rights using technical and electronic means. Provisions on changing the norms of the Russian Federation Civil Code regarding new objects of civil rights: utility digital rights, derivative financial instruments or their analogues — digital rights and obligations. The criteria for obligation in the digital environment are considered and conclusions are formulated about the possibility of identifying the properties of obligation: reciprocity, conditionality, potestativeness. A special element is highlighted in relation to obligations in the digital environment. Obligations in the digital environment are presented as a special category of indefinite obligations, digital rights, as new objects of civil rights based on a contract. The results of the action of the norms of Federal Law No. 34-FZ, as well as legislation in general and practice in terms of determining the legal status of participants in relations are analysed. The legal status of the information intermediary determines that it does not have the right to refer to special conditions for exemption from civil liability for violation of intellectual rights under Article 1253.1 of the Civil Code and will be involved in compensation for damage on the grounds common to entrepreneurs, provided for in its Article 401.