The Concept, Essence and Meaning of Digital Rights as an Object of Hereditary Legal Relations

In this article, the author explores existing problems and offers an author’s understanding of the essence, concept and meaning of digital rights as an object of hereditary legal relations. In the Russian and foreign scientific literature, there are many opinions about the essence, meaning and concept of digital rights, both in general and in relation to civil and inheritance law. The impalpability of this phenomenon is difficult to study. Nevertheless, an attempt has been made in Russian legislation to define the concept of digital rights, which turned out to be not entirely successful, which is confirmed by the opinions of civil scientists. The place assigned by the legislator to digital rights in the system of objects of civil legal relations, namely, their attribution to binding rights rather than other property, is also controversial in the scientific community, which determines the complexity of legal regulation of emerging new types of digital property in the context of dynamic digital transformation of public relations. Based on the results of the study, the author provides a definition of the concept of digital rights.

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Publication Details

Journal
Courier of Kutafin Moscow State Law University (MSAL)
Published
2025-01-26
DOI
https://doi.org/10.17803/2311-5998.2024.123.11.199-207
Citations
1
Primary Topic
Security, Politics, and Digital Transformation
Type
article
Field-Weighted Citation Impact
8.52
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article

The Concept, Essence and Meaning of Digital Rights as an Object of Hereditary Legal Relations

P. A. Nepomnyashchy
1 citations
Courier of Kutafin Moscow State Law University (MSAL)
Security, Politics, and Digital Transformation
8.52
article

The Concept, Essence and Meaning of Digital Rights as an Object of Hereditary Legal Relations

P. A. Nepomnyashchy
article en
1 citations

Abstract

In this article, the author explores existing problems and offers an author’s understanding of the essence, concept and meaning of digital rights as an object of hereditary legal relations. In the Russian and foreign scientific literature, there are many opinions about the essence, meaning and concept of digital rights, both in general and in relation to civil and inheritance law. The impalpability of this phenomenon is difficult to study. Nevertheless, an attempt has been made in Russian legislation to define the concept of digital rights, which turned out to be not entirely successful, which is confirmed by the opinions of civil scientists. The place assigned by the legislator to digital rights in the system of objects of civil legal relations, namely, their attribution to binding rights rather than other property, is also controversial in the scientific community, which determines the complexity of legal regulation of emerging new types of digital property in the context of dynamic digital transformation of public relations. Based on the results of the study, the author provides a definition of the concept of digital rights.

Courier of Kutafin Moscow State Law University (MSAL)Vol. 1(11)
Saratov State Academy of Law (RU)
Openalex Percentile: Top 6%
Security, Politics, and Digital Transformation
8.52
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The Concept, Essence and Meaning of Digital Rights as an Object of Hereditary Legal Relations — P. A. Nepomnyashchy · Courier of Kutafin Moscow State Law University (MSAL) (2025) | TGRS Research Map | TGRS