Digital thing as a “new” object of “new” civil legal relations
The article is devoted to theoretical comprehension and establishment of the concept of digital things as “new” objects of “new” civil legal relations which is proposed to be introduced into the civil legislation of Ukraine. It is obvious that in case of emergence of any new objects of civil rights...
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| Format: | Article |
| Language: | English |
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Kharkiv National University of Internal Affairs
2023-12-01
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| Series: | Law and Safety |
| Subjects: | |
| Online Access: | https://pb.univd.edu.ua/index.php/PB/article/view/778 |
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| author | A. S. Slipchenko S. O. Slipchenko |
| author_facet | A. S. Slipchenko S. O. Slipchenko |
| author_sort | A. S. Slipchenko |
| collection | DOAJ |
| description | The article is devoted to theoretical comprehension and establishment of the concept of digital things as “new” objects of “new” civil legal relations which is proposed to be introduced into the civil legislation of Ukraine. It is obvious that in case of emergence of any new objects of civil rights which have become a prerequisite for the emergence of previously unknown relations, there is a need to establish an appropriate legal regime for such goods. Otherwise, the whole type of civil relations will remain unregulated, and this will have a negative impact not only on civil turnover, but will also create conditions for an increase in the number of violations of subjective rights. Therefore, the author analyses the legal relations which arise in the “digital environment” and which are proposed to be considered as new ones in the legal literature, and examines the objects of civil rights in such legal relations. The study concludes that the legal relations arising in the “digital environment” are fully covered by the already known types of civil legal relations and are not new in comparison with the existing ones, and a digital thing is not a new object of civil rights. It is just a new and additional name for long-known and even traditional objects of civil rights, including services, property rights, information, results of intellectual and creative activity, tradable objects of personal non-property legal relations, etc. The only peculiarity of virtual objects is that they are created and provided with the help of digital technologies, an Internet resource. It has been established that an online account is not an object of civil rights at all. It is only the result of recording data in the form of a digital code that allows computer equipment to identify, recognise a particular user and the limits of his/her access to certain Internet resources. A persistent computer (digital, electronic, software) code that is recorded in a database and located (stored) on a server is not an independent object of civil rights, but is only a record. |
| format | Article |
| id | doaj-art-16b9d844c2664a96b37574590ea0f45b |
| institution | Kabale University |
| issn | 1727-1584 2617-2933 |
| language | English |
| publishDate | 2023-12-01 |
| publisher | Kharkiv National University of Internal Affairs |
| record_format | Article |
| series | Law and Safety |
| spelling | doaj-art-16b9d844c2664a96b37574590ea0f45b2025-02-03T07:24:47ZengKharkiv National University of Internal AffairsLaw and Safety1727-15842617-29332023-12-01914688110.32631/pb.2023.4.06778Digital thing as a “new” object of “new” civil legal relationsA. S. Slipchenko0S. O. Slipchenko1Kharkiv National University of Internal AffairsKharkiv National University of Internal AffairsThe article is devoted to theoretical comprehension and establishment of the concept of digital things as “new” objects of “new” civil legal relations which is proposed to be introduced into the civil legislation of Ukraine. It is obvious that in case of emergence of any new objects of civil rights which have become a prerequisite for the emergence of previously unknown relations, there is a need to establish an appropriate legal regime for such goods. Otherwise, the whole type of civil relations will remain unregulated, and this will have a negative impact not only on civil turnover, but will also create conditions for an increase in the number of violations of subjective rights. Therefore, the author analyses the legal relations which arise in the “digital environment” and which are proposed to be considered as new ones in the legal literature, and examines the objects of civil rights in such legal relations. The study concludes that the legal relations arising in the “digital environment” are fully covered by the already known types of civil legal relations and are not new in comparison with the existing ones, and a digital thing is not a new object of civil rights. It is just a new and additional name for long-known and even traditional objects of civil rights, including services, property rights, information, results of intellectual and creative activity, tradable objects of personal non-property legal relations, etc. The only peculiarity of virtual objects is that they are created and provided with the help of digital technologies, an Internet resource. It has been established that an online account is not an object of civil rights at all. It is only the result of recording data in the form of a digital code that allows computer equipment to identify, recognise a particular user and the limits of his/her access to certain Internet resources. A persistent computer (digital, electronic, software) code that is recorded in a database and located (stored) on a server is not an independent object of civil rights, but is only a record.https://pb.univd.edu.ua/index.php/PB/article/view/778object of civil rightsvirtual assetdigital thinginformationresults of intellectual and creative activityinternet legal relationselectronic legal relationsit legal relations. |
| spellingShingle | A. S. Slipchenko S. O. Slipchenko Digital thing as a “new” object of “new” civil legal relations Law and Safety object of civil rights virtual asset digital thing information results of intellectual and creative activity internet legal relations electronic legal relations it legal relations. |
| title | Digital thing as a “new” object of “new” civil legal relations |
| title_full | Digital thing as a “new” object of “new” civil legal relations |
| title_fullStr | Digital thing as a “new” object of “new” civil legal relations |
| title_full_unstemmed | Digital thing as a “new” object of “new” civil legal relations |
| title_short | Digital thing as a “new” object of “new” civil legal relations |
| title_sort | digital thing as a new object of new civil legal relations |
| topic | object of civil rights virtual asset digital thing information results of intellectual and creative activity internet legal relations electronic legal relations it legal relations. |
| url | https://pb.univd.edu.ua/index.php/PB/article/view/778 |
| work_keys_str_mv | AT asslipchenko digitalthingasanewobjectofnewcivillegalrelations AT soslipchenko digitalthingasanewobjectofnewcivillegalrelations |