THE FEATURES OF MOBILE APPLICATIONS PURCHASE

Year: 
2018

Article:

Issue: 
2

Author(s): 
Kuznetsova Nadezhda
Abstract: 

With the development of technology, mobile applications purchase through so-called application stores becomes more popular. However, the Russian legislation on the protection of consumer rights does not provide for the legal regulation of legal relationships that arise when a mobile application is purchased, since the object of the legal relationship does not fall within the category of goods or works (services). Besides that, the regulation of these legal relations is not provided for by legislation on distance trade. Thereby, the author analyzes the foreign legislation on digital content and, based on it, proposes the approach to the regulation of legal relations arising from purchase of mobile applications. The author examines these legal relationships from the point of view of the traditional structure of a legal relationship and establishes the subjects of the basic legal relationship, their rights and obligations; says to which type of objects of civil rights a mobile application belongs, as well as determines the subject of responsibility to the user who purchases a mobile application.

Key words: 

legal relationship, license agreement, digital content, application store, mobile application

Text of the article: 
English