Observance of the Written Form of a Transaction Made by Electronic or Other Technical Means

DOI

10.2991/aebmr.k.210318.015How to use a DOI?

Keywords

Electronic transaction, electronic document, electronic signature, data exchange, certification of equivalence

Abstract

The legal regulation of transactions made with the help of electronic or technical means does not have a structured, generalized and clear regulatory framework for a free understanding. Moreover, the practical use of this method of concluding civil transactions is ahead of their legal regulation, which cannot but give rise to corresponding problems both in the theory of civil transactions and in judicial practice. On the one hand, the use of information networks when concluding and executing transactions to some extent complicates public relations, but on the other hand, it simplifies the very organizational procedure for formalizing, for example, contractual relations, and shortens the process of entering into legal force in time. Nevertheless, this raises the problem of determining the moment of such a transaction, as well as the problem of maintaining the integrity of the transmitted information and its certification. The purpose of the study is to determine the legal essence and identify the main problems of the application of transactions made using electronic or other technical means, study the features of the legal regulation of such transactions, the practice of applying these norms based on Russian and foreign legislation, develop recommendations for improving civil legislation in this area, determination of the possibility of using electronic data exchange in the performance of certain civil transactions. When writing this article, both general scientific and specific scientific research methods were used: historical-legal, logical-legal, linguistic, complex, methods of analogy, comparative jurisprudence, as well as the systemic methods.

Copyright

© 2021, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Igor Mashtakov
AU  - Lyudmila Starodubova
AU  - Olga Lapshina
PY  - 2021
DA  - 2021/03/18
TI  - Observance of the Written Form of a Transaction Made by Electronic or Other Technical Means
BT  - Proceedings of the 1st International Scientific Conference "Legal Regulation of the Digital Economy and Digital Relations: Problems and Prospects of Development" (LARDER 2020)
PB  - Atlantis Press
SP  - 96
EP  - 102
SN  - 2352-5428
UR  - https://doi.org/10.2991/aebmr.k.210318.015
DO  - 10.2991/aebmr.k.210318.015
ID  - Mashtakov2021
ER  -