The Concept of Digital Property in the Context of Doctrinal Disputes

Abstract

The article analyzes in detail the points of view expressed in the doctrine on the legal nature of digital financial assets, digital currency, as well as critical comments regarding the category of “digital property” proposed by the author, which the author substantiated in a number of his other works. In the work, the author argues the legal position that digital financial assets and digital currency are independent objects of civil law, included in the group called “digital property.” The opponents’ arguments that digital financial assets cannot be considered as an independent object of civil law, since they are digitized securities — an object long known to civil law — are examined in detail. The author proves that the tokenization of “paper rights” has seriously changed their legal regime, which gives grounds for the conclusion that tokens for virtual securities (digital financial assets) are currently an independent object of civil law. Digital currency and digital financial assets are part of digital property. Digital property can become the subject of relative and absolute digital rights.