The concept of a remote digital investment transaction in the information space
Автор: Matytsin Denis E.
Журнал: Legal Concept @legal-concept
Рубрика: Вопросы частноправового регулирования: история и современность
Статья в выпуске: 1 т.21, 2022 года.
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Introduction: in the legal literature, sufficient attention has always been paid and is currently being paid to the topic of transactions. At the same time, remote digital investment transactions in the information space have not been considered by colleagues in civil studies until recently. In this regard, it would be expedient and timely to substantiate the scientific interpretation of this type of transaction, highlighting its characteristic distinguishing features, to begin with. Purpose: the purpose of the paper is to substantiate the author’s definition of a remote digital investment transaction made in the information space from the standpoint of the civilistic doctrine. Methods: the main methodological step of the author in the interpretation of the original author’s definition is the identification and justification of five characteristic distinctive qualitative features of such a transaction. Results: it has been established that the legal purpose of the contact and expression of the will of the subjects of a remote digital investment transaction - the receipt of the investment object into the investor’s property, funds to the recipient of the investment - is achieved and forms legal consequences: establishment, possible agreed change, within the stipulated period or termination of civil rights and obligations agreed before the deadline. The essence, the internal substance of a remote digital investment transaction is a certain entrepreneurial idea, without which investing in the information space is impossible. Conclusions: it is proved that a remote digital investment transaction in the information space is an intellectual and volitional behavioral act of competent, legally capable subjects (investor, investment intermediary, recipient of investments), forming a legal fact during their mutual contact and expression of will on the Internet through special software and hardware, expressed in an electronic form regulated by law.
Remote investment, computer technology, investor, investment intermediary, recipient of investment, entrepreneurship, information space
Короткий адрес: https://sciup.org/149139737
IDR: 149139737