Abstract [eng] |
The acquisition of property rights plays a key role in the allocation of economic resources, the protection of legal rights, and the regulation of social relations. In the era of digitalisation, this issue becomes even more significant, as the concept of property is constantly evolving to adapt to technological developments and new economic realities. While the primary grounds for the acquisition of property rights are an excellent reflection of the first entry of tangible objects into civil circulation, their application to modern intangible assets raises theoretical and practical challenges. The first part of this thesis analyses the significance of property rights acquisition in contemporary law and economics. The second part examines the primary grounds for acquiring property rights, their essential features, and the specificities of their application. The third part defines the three major categories of intangible assets present in today’s civil circulation: financial assets, property rights, and digital assets. Finally, the fourth part presents a study aimed at identifying the primary grounds on which these forms of assets may be acquired. This study is based on a variety of research methods and the latest sources of legal doctrine. The results of the study conclude that acquisition by creation is limited to those intangible assets whose creation was substantially due to human activity – such as intellectual input, contracts or other creative processes. Assets that arise as secondary products in the production process through the use of a principal item are acquired by way of accession. For example, civil fruits such as an enforceable right to rental income or fungible digital objects generated through the operation of computer programs fall under this category. Generally intangible assets can theoretically be acquired on all other existing primary bases, but in reality acquisition may be restricted by technological mechanisms, specific access locks, or the personal nature of the obligation. |