Vdovichenko P.V. Forms of Expression of Will in Civil Transactions
DOI: https://doi.org/10.15688/lc.jvolsu.2024.2.13
Polina V. Vdovichenko, Junior Scientific Assistant, Faculty of Training Scientific, Pedagogical and Scientific Personnel, Moscow University of the Ministry of Internal Affairs of Russia named after V.Ya. Kikot, Akademika Volgina St, 12, 117437 Moscow, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. , https://orcid.org/0009-0007-1883-4627
Introduction: the relevance of the topic is related to the emergence of new electronic forms of expression of will when making transactions, which has necessitated ensuring their security in the digital environment. The purpose of the study is to solve the problems of the form of expression of will of parties to civil transactions, including transactions concluded in electronic form by means of information and communication systems. Methods: in preparing the study, the dialectical, logical, and comparative law methods were used, which made it possible to analyze various approaches to classifying forms of expression of will, including oral, written, and other forms, and their legal significance in the context of current legislation. Results: the paper analyzes various forms of expression of will that are important for the validity and enforceability of transactions. The doctrine and judicial practice related to the digitalization of the expression of will have been studied. The problem of ensuring the protection of the rights of parties to electronic transactions related to the identification and authentication of the parties in the digital environment is analyzed. The ways to improve the regulatory framework to take into account the development of digital technologies and ensure the protection of the rights of parties to transactions are proposed. The scope of the results: the approaches outlined in the study to solving the problems of expression of will in the digital environment can become the basis for improving the current civil law legislation; they can serve as the basis for further scientific research in this area; and they can improve law enforcement practice. Conclusions: the proposals related to solving the problems of identification and authentication when entering into the transaction are substantiated. It is proposed to use blockchain technology to solve the problem of confidential data security on the one hand and transparency on the other. The need to fix in the law the methods of electronic transmission of legally significant messages is justified.
Key words: transaction, expression of will, form of transaction, will and expression of will, oral form of transaction, written form of transaction, electronic form of transaction.
Citation. Vdovichenko P.V. Forms of Expression of Will in Civil Transactions. Legal Concept = Pravovaya paradigma, 2024, vol. 23, no. 2, pp. 102-108. (in Russian). DOI: https://doi.org/10.15688/lc.jvolsu.2024.2.13
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