Dynamics of a civil obligation fulfilled through the use of information technologies (smart contract)

Автор: Zakharkina A.V.

Журнал: Ex jure @ex-jure

Рубрика: Гражданское, семейное и предпринимательское право

Статья в выпуске: 3, 2021 года.

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The article is devoted to a new phenomenon for the Russian legal and economic space - the smart contract. The author of the article, based on the novel of Part 2 of Article 309 of the Civil Code of the Russian Federation, considers the dynamics of a civil obligation that is fulfilled through the use of information technologies. Thus, the article structurally highlights the parts devoted to the actual dynamics itself, the stage of occurrence of an obligation mediated by a smart contract; the stage of performance of such an obligation through the prism of the principles of performance; as well as the stage of termination of the obligation under study. The paper shows three main scientific approaches that reflect the mechanism of occurrence of an obligation that is fulfilled through the use of information technologies; the legal characteristics of click-wrap and browse-wrap agreements are given; the specifics of the known principles of performance of obligations in the performance of obligations using information technologies are reflected; it is concluded that it is necessary to adapt the law of obligations to digital realities, which is possible without a radical "breaking" of the pandect system of Russian civil law and the key approaches of the legislator to the main legal instruments of civil law.

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Smart contract, blockchain, information technology, performance of civil obligations, digital economy, digitalization of the regulatory platform

Короткий адрес: https://sciup.org/147235701

IDR: 147235701   |   DOI: 10.17072/2619-0648-2021-3-130-144

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