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The article is devoted to identifying the peculiarities of contractual relations in digital circulation. Digital turnover is becoming increasingly widespread, which leads to the emergence of new forms of contractual relations characterized by significant differences. The purpose of the article is to reveal the characteristics and peculiarities of contractual relations arising within the framework of digital civil turnover. The study of contractual relations in digital circulation is necessitated by the lack of sustainable legal regulation of this area which requires further improvement. The peculiarity of building relations in digital circulation is associated with its technical properties, primarily the need to gain access to digital platforms for the exercise of subjective rights by users. The author emphasizes that the exercise of subjective rights in digital circulation can be realized only through the use of complex intellectual property objects, in particular, those combining computer programs, databases, music, animation objects, photographs, etc. The author proposes to distinguish the following types of relations in the field of digital circulation: 1) regarding the creation and maintenance of digital circulation (legal regime of intellectual property rights); 2) organizational relations in the field of business administration of the digital environment (corporate, labor relations with the appropriate legal regime); 3) between the user and the administrator of the relevant digital environment (contractual regulation, with elements of the legal regime of personal data protection); 4) between users of the digital space regarding digital assets (a complex regime of legal regulation which may combine the legal regimes of. The author emphasizes that contractual relations in digital circulation are based on both civil law and rules and standards used in electronic systems. It is proved that different types of relations require a comprehensive application of different legal norms and are mediated by different agreements, such as: license agreements; agreements for the provision of digital services (cloud storage, marketplaces); sale and purchase of goods; exchange and pledge of digital assets; token agreements (regulating the use of cryptocurrencies and other tokens in digital ecosystems), etc.
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I. Y. Guleykov (Sat,) studied this question.
synapsesocial.com/papers/68e57c24b6db64358751b6f7 — DOI: https://doi.org/10.24144/2307-3322.2024.84.1.38
I. Y. Guleykov
Max Planck Society
Uzhhorod National University Herald Series Law
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