Core principles of civil law in the digital age: Theoretical risks and enforcement solutions

Abstract

Digitalization is revolutionizing the exercise and protection of civil rights and the allocation of potential risks arising from the use of automated systems. This article examines whether the above changes indicate a humanitarian crisis in civil law or reflect its adaptation to a rapidly digitalizing legal environment. The study, drawing on I.A. Pokrovsky’s ideas of personal autonomy and legal certainty and on E.V. Vavilin and O.M. Rodionova’s works, was performed using systemic, formal legal, and comparative legal methods. Based on its results, a definition of the digitalization-driven humanitarian crisis in civil law was proposed, and five criteria for identifying it were established. The review of court cases dealing with digitalizationrelated disputes revealed that courts attribute the digital outcome to the actions of individuals who produced it, verify the reliability of data generated by information systems, place the risk of technical errors on the party controlling the system, and shift the burden of proof in case of information inequality between the parties. The findings showed no signs of the crisis, although closed digital systems and fragmented responsibility may weaken judicial protection of civil rights.