Contractual Regulation of the Assignment of Rights to Digital Property

The article examines the author’s approach to determining the legal nature of the transfer of rights to digital property. The author proposes the consolidation in the doctrine and practice of a new type of complex agreement – the agreement on the assignment of digital rights. The necessity of using cession in any transactions related to the transfer of rights to digital property is substantiated, and the theory of secondarity is put forward, which consists in the fact that relations on the alienation of digital objects are always secondary to the primary relations related to the realization of exclusive rights by copyright holders. In this regard, it is proposed to synthesize existing obligations for the transfer of certain types of digital property due to their different technical and legal nature. Particular attention is paid to the role of the information intermediary as one of the parties to the assignment of digital rights contract. Due to the secondary nature of the relationship, the information intermediary, also the owner of the information system, facilitates the transfer of digital rights to objects classified as digital property from the owner to the acquirer of the digital rights. Therefore, without this entity, the transaction cannot exist.