Digital financial assets As an element of the common property of the spouses

Abstract

Considering digital financial assets as one of the segments of property rights, believing that the essential content of the construction of «digital financial assets» are mandatory monetary claims, the rights of the holder of equity securities, the rights of shareholders of a non-public joint-stock company, and the right to demand the transfer of equity securities, fixed in a special order (by making (changing) entries in an information system based on distributed registry technology), the author argues that digital financial assets can constitute a certain segment of the common property of spouses. The current norms of the Family Code of the Russian Federation governing the implementation of the common property of spouses operate in categories of property law, which is incorrect in relation to the broader category of “property”, since in addition to things, the Russian legislator refers to property and property rights and property obligations. Taking into account the different legal nature of the categories “things” and “property rights”, the author argues that due to the well-established doctrinal civil approach to the categories “possession” and “use”, these legal constructions cannot be applied to relations related to the exercise of compulsory property rights. Such protection mechanisms as vindication cannot be used in relation to compulsory property rights, although these legal instruments have shown their high effectiveness in the framework of the protection of property rights.
The author argues that the joint exercise by the spouses of their property rights, including the regime of joint ownership, as well as the imposition of joint duties on the spouses, should be considered as a legitimate regime of marital property.