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July 29, 2026Ā· Zenodo (CERN European Organization for Nuclear Research)
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GENERAL CIVIL LAW QUALIFICATION OF SMART CONTRACTS AS A MEANS OF DISPOSING OF DIGITAL ASSETS

Authors:Oleg A. Polezhaev *

Abstract

This article is devoted to the general legal characteristics of smart contracts as a means of disposing of digital assets. Smart contracts are a key mechanism for transferring digital assets, but their legal regime remains controversial and unexplored. The main goal. To make a general civil law qualification of smart contracts as a special form of concluding transactions by order of the Central Bank and to justify their recognition as full-fledged legal means of achieving a legal result. The problems under consideration are the differentiation of the IC from related legal phenomena: computer programs, methods of securing, executing and concluding a transaction. The methods used are: formal-legal, comparativelegal, historical-legal, systematic. Conclusions. The IC is a special digital form of the transaction, which has the highest degree of reliability and accuracy of recording the will of the parties in the presence of objective guarantees of its execution.

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