{"title":"论支付手段数字化背景下国际契约货币义务的价值内涵","authors":"I. M. Kutuzov","doi":"10.17803/2311-5998.2023.109.9.118-127","DOIUrl":null,"url":null,"abstract":"The article deals with the problems of formation and change of the value content of contractual monetary obligations in international commercial contracts. The connection of the value content of monetary obligations with the dynamics of changes in the purchasing power of currencies used to denote the amount of monetary obligation is noted. The dependence of the monetary obligation to pay the contract price on the valuation of goods (services, works, intellectual property rights, information products) that serve as a counter representation is analyzed. Attention is drawn to the principle of nominalism, which retains its significance, historically developed in the legal doctrine and legal regulation of monetary obligations. The article highlights topical issues of stabilization of the value content of contractual monetary obligations, taking into account the property interests of the parties to an international commercial contract. The role of currency reservations in the conditions of changes in the purchasing power of the debt currency and the payment currency is shown. Various aspects of the value content of payment obligations involving the use of cryptocurrencies and digital platforms, including in the implementation of international settlement transactions, are considered.","PeriodicalId":238867,"journal":{"name":"Courier of Kutafin Moscow State Law University (MSAL))","volume":"39 1","pages":""},"PeriodicalIF":0.0000,"publicationDate":"2023-12-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"On the Value Content of the International Contractual Monetary Obligation in the Context of Digitalization of Means of Payment\",\"authors\":\"I. M. Kutuzov\",\"doi\":\"10.17803/2311-5998.2023.109.9.118-127\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"The article deals with the problems of formation and change of the value content of contractual monetary obligations in international commercial contracts. The connection of the value content of monetary obligations with the dynamics of changes in the purchasing power of currencies used to denote the amount of monetary obligation is noted. The dependence of the monetary obligation to pay the contract price on the valuation of goods (services, works, intellectual property rights, information products) that serve as a counter representation is analyzed. Attention is drawn to the principle of nominalism, which retains its significance, historically developed in the legal doctrine and legal regulation of monetary obligations. The article highlights topical issues of stabilization of the value content of contractual monetary obligations, taking into account the property interests of the parties to an international commercial contract. The role of currency reservations in the conditions of changes in the purchasing power of the debt currency and the payment currency is shown. Various aspects of the value content of payment obligations involving the use of cryptocurrencies and digital platforms, including in the implementation of international settlement transactions, are considered.\",\"PeriodicalId\":238867,\"journal\":{\"name\":\"Courier of Kutafin Moscow State Law University (MSAL))\",\"volume\":\"39 1\",\"pages\":\"\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2023-12-21\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Courier of Kutafin Moscow State Law University (MSAL))\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.17803/2311-5998.2023.109.9.118-127\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Courier of Kutafin Moscow State Law University (MSAL))","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.17803/2311-5998.2023.109.9.118-127","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
On the Value Content of the International Contractual Monetary Obligation in the Context of Digitalization of Means of Payment
The article deals with the problems of formation and change of the value content of contractual monetary obligations in international commercial contracts. The connection of the value content of monetary obligations with the dynamics of changes in the purchasing power of currencies used to denote the amount of monetary obligation is noted. The dependence of the monetary obligation to pay the contract price on the valuation of goods (services, works, intellectual property rights, information products) that serve as a counter representation is analyzed. Attention is drawn to the principle of nominalism, which retains its significance, historically developed in the legal doctrine and legal regulation of monetary obligations. The article highlights topical issues of stabilization of the value content of contractual monetary obligations, taking into account the property interests of the parties to an international commercial contract. The role of currency reservations in the conditions of changes in the purchasing power of the debt currency and the payment currency is shown. Various aspects of the value content of payment obligations involving the use of cryptocurrencies and digital platforms, including in the implementation of international settlement transactions, are considered.