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LIABILITY ISSUES IN PAYMENTS MADE THROUGH STABLECOINS

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Zenodo2026-08-17 更新2026-08-20 收录
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This article analyzes the legal foundations of civil liability arising in payment relations conducted through stablecoins. The study examines the traditional four elements of liability for breach of obligations—unlawful conduct, damage, causation, and fault—in light of the decentralized nature of blockchain technology and the specific characteristics of smart contracts, oracles, and digital infrastructure. The author substantiates that, in certain cases involving payments through stablecoins, it may be difficult or even impossible to establish the debtor’s subjective fault. Therefore, the article proposes that, in determining liability, an approach based on the allocation of technological and property-related risks may be more appropriate than an approach based exclusively on the principle of fault. The article also examines the content of unlawful conduct in stablecoin payment relations, the inclusion of technical losses within the concept of damages, as well as the legal problems associated with the calculation and compensation of damages in a cross-border blockchain environment. Based on the analysis, scientific proposals are developed for improving the classical model of civil liability in the field of digital assets through a concept based on objective technological risk.

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Zenodo
创建时间:
2026-08-17
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