The legal status of tokens and their inheritance

This article considers the legal status of tokens, their specifics and distinctive features, as well as the possibility of inheriting this digital asset. The study aims at analyzing the legal nature and classification of tokens, as well as the specifics of their inheritance. While conducting this re...

Full description

Autores:
Anatolyevna Kirillova, Elena
Blinkov, Oleg
Зульфугарзаде, Теймур
Vladimirovich Bocharov, Aleksandr
Yashevich Avdalyan, Artur
Tipo de recurso:
Article of journal
Fecha de publicación:
2020
Institución:
Corporación Universidad de la Costa
Repositorio:
REDICUC - Repositorio CUC
Idioma:
eng
OAI Identifier:
oai:repositorio.cuc.edu.co:11323/7042
Acceso en línea:
https://hdl.handle.net/11323/7042
https://doi.org/10.17981/juridcuc.16.1.2020.12
https://repositorio.cuc.edu.co/
Palabra clave:
Criptomoneda
Estado legal
Heredero
Tecnología de blockchain
Tecnología digital
Token
Blockchain technology
Cryptocurrency
Digital technologies
Heir
Legal status
Rights
openAccess
License
CC0 1.0 Universal
Description
Summary:This article considers the legal status of tokens, their specifics and distinctive features, as well as the possibility of inheriting this digital asset. The study aims at analyzing the legal nature and classification of tokens, as well as the specifics of their inheritance. While conducting this research, it has been used the methods of collecting and studying singularities, generalization, scientific abstrac- tion, cognition of objective laws, objectivity, specificity and pluralism. It has been concluded that a token is an entry in the transaction block registry (blockchain) or other distributed information systems, which certifies that the token owner is entitled to civil law protections and/or is a cryptocurrency. It has been proved that tokens by their legal nature are digital units of accounting in the participating interest shares of entrepreneurial projects and authorized capitals of any company, digital price analogues of uncertificated securities and other objects of civil law. It has been developed a classification of tokens and emphasized the need to create an electronic data warehouse that contains access codes for these digital assets. After the testator’s death, these codes can be given to the heir by testament or by law in case the testator did not draw up the corresponding testament during their life. These conclusions and suggestions will allow to legally qualify tokens and resolve inheritance issues in this area.