Development of Civil Law Communities as a Sign and a Consequence of Civil Law Relations Digitalization

This article contains a legal assessment of the relevance of holders of digital financial assets and digital rights to the category of civil law communities, which appeared in the Civil Code of the Russian Federation in 2021. The author comes to the conclusion that these groups of persons do not correspond to the definition of a civil law community formulated by doctrine and judicial practice. The article provides legally significant criteria for distinguishing a group of persons and participants in the civil law community. The article also provides a legal assessment of the decisions taken by such groups of persons. According to the author, the definition of a civil law community includes any groups of persons who are united by a common goal (interests) and have the right to give instructions binding on their participants and for other persons specified in the law or who have agreed to this by concluding a contract, which will have an extremely negative impact on the state of legal certainty, especially given the situational nature conditions in the civil law community of certain groups of persons.

Authors

Publication Details

Journal
Business law
Published
2024-10-24
DOI
https://doi.org/10.18572/1999-4788-2024-4-2-7
Primary Topic
Digital Transformation in Law
Type
article
Field-Weighted Citation Impact
0.00
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article

Development of Civil Law Communities as a Sign and a Consequence of Civil Law Relations Digitalization

Vyacheslav Kress
Business law
Digital Transformation in Law
article

Development of Civil Law Communities as a Sign and a Consequence of Civil Law Relations Digitalization

Vyacheslav Kress
article en

Abstract

This article contains a legal assessment of the relevance of holders of digital financial assets and digital rights to the category of civil law communities, which appeared in the Civil Code of the Russian Federation in 2021. The author comes to the conclusion that these groups of persons do not correspond to the definition of a civil law community formulated by doctrine and judicial practice. The article provides legally significant criteria for distinguishing a group of persons and participants in the civil law community. The article also provides a legal assessment of the decisions taken by such groups of persons. According to the author, the definition of a civil law community includes any groups of persons who are united by a common goal (interests) and have the right to give instructions binding on their participants and for other persons specified in the law or who have agreed to this by concluding a contract, which will have an extremely negative impact on the state of legal certainty, especially given the situational nature conditions in the civil law community of certain groups of persons.

Business law
Openalex Percentile: Top 67%
Digital Transformation in Law
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Development of Civil Law Communities as a Sign and a Consequence of Civil Law Relations Digitalization — Vyacheslav Kress · Business law (2024) | TGRS Research Map | TGRS