Family Business and Inheritance of Digital Assets
摘要
Global digitalization has necessitated a rethinking of the existing theoretical approaches to the civil law regulation of property relations in the sphere of civil turnover. New legal concepts such as digital law, digital financial asset, utilitarian digital law, digital currency, etc. have been introduced into civil legislation. Legal scholars are increasingly studying digital property as a special object of civil rights, determining the specifics of the legal regime of certain of its varieties when involved in civil turnover. This requires a deep analysis not only of the legal constructions enshrined in the law that ensure the transfer of digital assets from one participant of the turnover to another, but also of the legal norms governing the transfer of such assets by way of inheritance. Moreover, digital assets may be used for ongoing profit-making purposes. In such a case, there is a need to establish special rules for family ownership of assets and for the transfer of digital assets to heirs who can ensure their effective use in future business activities. In this regard, the civil science faces the task, firstly, to determine the sufficiency and possibility of legal regulation by the legal means of transfer of digital assets in the order of inheritance enshrined in the current civil legislation; and secondly, to analyze the need to introduce new legal institutions and legal constructions into the civil legislation and, if necessary, to create a reliable theoretical basis for this.