Civil-legal nature of the consequences of signing smart contracts
( Pp. 183-185)

More about authors
Rodionova Olga M. d-r yurid. nauk, docent, zav. kafedroy grazhdanskogo prava i processa
N.P. Ogarev Mordovia National Research State University
Abstract:
Challenge - the Issues of legal regulation of civil relations, mediated by information technology is extremely relevant today. However, it is unclear how these technologies affect the legal form of property and personal non-property relations, a way which they act. In particular, voiced the problem of "self-executed" smart contracts create grounds for doubt of the need for further maintenance as separate institutions of the law of obligations, and most in this sub-sector (A. I. Savelyev. Heckmann, M. Keulartz) requiring analysis and resolution. Model - Studied property relations using information and digital technology methods of analysis and synthesis, as well as private law legal-dogmatic method. Insights - Smart contracts can be applied not in all areas of property relations, which is confirmed by the prevailing practice of concluding such agreements. I think, the main field of application of these contracts in the sphere of succession, consisting in the replacement of persons in an already existing civil matters, which explains the effect of their so-called "self-executing". At the same time, there are no grounds for claiming that the conclusion part of smart contracts may not lead to obligations, because, like most contracts they focus on the emergence of civil rights and duties exercised and performed by individuals and legal entities, albeit with the use of information and digital media. The scope of the study/possibility of subsequent use of results of scientific work. These insights are necessary for the formation of a new regulatory environment, ensuring a favorable legal regime for the emergence and development of modern technologies, as well as the implementation of economic activities related to their use (the digital economy). Practical value. The results of this analysis can be the basis for contract changes and, in General, the law of obligations of Russia. Originality/value. The study is intended for specialists in the field of civil law, graduate, masters and bachelors with an interest in the changes in civil rights in the digital age.
How to Cite:
Rodionova O.M., (2017), CIVIL-LEGAL NATURE OF THE CONSEQUENCES OF SIGNING SMART CONTRACTS. Gaps in Russian Legislation, 6 => 183-185.
Reference list:
Ob utverzhdenii programmy quot;TSifrovaya ekonomika Rossiyskoy Federatsii : Rasporyazhenie Pravitel stva RF ot 28 iyulya 2017 g. № 1632-r. Dostup: http://government.ru/docs/28653/
Heckmann J., Kaulartz M. Smart Contracts: Quellcode als Vertragstext. c t. 24/2016. S. 138. Dostup: https://www.heise.de/ct/ausgabe/2016-24-Smart-Contracts-Quellcode-als-Vertragstext-3456802.html
Rodionova O.M. Pravovye formy realizatsii volevykh otnosheniy v mekhanizme grazhdansko-pravovogo regulirovaniya: dis.. d-ra yurid. nauk. M., 2017. 504 c.
Braginskiy M. I. Dogovornoe pravo : Dogovory o peredache imushchestva / M. I. Braginskiy, V. V. Vitryanskiy. M., 2002. 800 c.
Ivanova E.V. Pravovaya kvalifikatsiya derivativov: dis. kand. yurid. nauk. M., 2006. 170 c.
Savel ev A.I. Dogovornoe pravo 2.0: quot;umnye quot; kontrakty kak nachalo kontsa klassicheskogo dogovornogo prava // Vestnik grazhdanskogo prava. 2016. № 3. Dostup iz sprav.-pravovaya programma Konsul tant Plyus .
Keywords:
obligations, smart contracts, contracts, the performance of the obligations, succession.


Related Articles

Private Law (Civil) Pages: 21-27 DOI: 10.33693/2782-7372-2023-2-2-21-27 Issue №23134
The Role of the Notary in the Protection of Family Rights: Trends and Prospects
notaries family policy transactions contracts family relations
Show more
3. CIVIL LAW, HOUSING LAW, FAMILY LAW, ENTREPRENEURIAL LAW, INTERNATIONAL PRIVATE LAW, CIVIL PROCEDURE, ARBITRATION PROCESS Pages: 121-127 Issue №3132
Gosteleradiofond: Bases and limits ownership of the right (comments for the RF Government Decree number 1232 FROM 13.12.1995. subject to clarification of the Presidium of the Russian Federation, DATA judgment of 29.01.2013, № 11704/12)
materials succession Federal property the property property rights
Show more
4. CIVIL LAW; ENTREPRENEURIAL LAW; FAMILY LAW; INTERNATIONAL PRIVATE LAW Pages: 224-228 Issue №11986
PECULIARITIES OF COMPULSORY ENFORCEMENT OF THE AGREEMENT
alimony agreement compulsory execution of obligations family law obligations
Show more
17. FINANCE, CASH CIRCULATION AND CREDIT, ACCOUNTING, FINANCIAL AND ECONOMIC FORECASTING Pages: 249-251 Issue №4395
COSTS AS AN OBJECT OF ACCOUNTING :A COMPARATIVE ANALYSIS OF RUSSIAN AND INTERNATIONAL STANDARDS
assets obligations income expenses and capital "professional judgment"
Show more
FINANCE Pages: 266-270 Issue №24576
Identification of Unreasonable Tax Benefits During Pre-Inspection Analysis
taxes tax benefit contracts transaction reality taxpayers
Show more
5.2.3 REGIONAL AND SECTORAL ECONOMICS Pages: 246-252 Issue №20773
Building Trust in the Financial Market
trust financial market interest groups financial asset valuation models smart contracts
Show more
9. CIVIL LAW; ENTREPRENEURIAL LAW; FAMILY LAW; INTERNATIONAL PRIVATE LAW Pages: 193-195 Issue №12273
FEATURES OF UNIVERSAL SUCCESSION
succession universal succession inheritance reorganization of a legal entity
Show more
4. CIVIL LAW; ENTREPRENEURIAL LAW; FAMILY LAW; INTERNATIONAL PRIVATE LAW Pages: 136-142 Issue №12435
THE IMPLEMENTATION OF THE PRINCIPLE OF COOPERATION OF THE PARTIES UPON TERMINATION OF THE OBLIGATIONS AND AFTER THE TERMINATION
the principle of cooperation of the parties obligations termination of obligations replacement deal debt relationship
Show more
6. LEGAL SUPPORT OF ENTREPRENEURIAL ACTIVITIES Pages: 137-139 Issue №3231
To a question of legal problems of responsibility under the crediting contract
breach of contract responsibility the application of measures to debtors contracts violation of the interests
Show more
PRIVATE LAW (CIVIL) Pages: 172-178 Issue №24449
Prospects of Application of Smart Contracts Based on Blockchain Technology for Public Procurement in the Nuclear Power Industry of the Russian Federation
public procurement nuclear power Rosatom State Corporation smart contracts blockchain.
Show more