Civil Law in the Digital Economy: Analysis of Doctrinal Adaptation Trends

Abstract

The research objective of the prepared article is to identify the central attitudes characteristic of the understanding of digital phenomena within the framework of civil law and to problem them. It is proved that these installations include the following: (1) Civil law as an automatic reflector of economic processes; (2) The need for a legislative settlement of all newly emerging social relations; (3) Decisive role of state programs and concepts in civil law policy; (4) Technological conditionality of civil law regulation; (5) The idea of a smooth and timeless normative order. It is concluded that civil legislation is not a mechanical reflection of the state of the digital economy, at least for the simple reason that the latter has a trend towards rapid transformations, and if the pace of change in the law corresponds to them, the stabilizing function of law is merely impossible. Digital technologies applicable in the field of law can equally affect both the form and content of the relevant legal relations. As a general rule, if changes relate only to the appearance of social phenomena, this is not a sufficient reason to change the relevant legal norms. If any economic or technological innovation potentially or effectively threatens the rights and freedoms of citizens, it is necessary to verify what branches of industry have the necessary means of protection, whether they fall within the sphere of civil law or, for example, whether sufficient measures can be taken at the level of public law. Where economic dynamics objectively require changes in regulations, it is not appropriate that such innovations be added to existing provisions without taking into account the global system of civil law. It is justified that the additions to Russian civil legislation made by Federal Law No. 34-FL of 18 March 2019 “On Amendments to Parts One, Two and 1124 of Part Three of the Civil Code of the Russian Federation” do not yet have the normative potential that would make it possible to actually increase the level of protection of the interests of civil legal entities.