Faults of will in a deal as a condition of its invalidity: from the roman law to present
Journal Title: Lex portus - Year 2018, Vol 9, Issue 1
Abstract
In civil law the deal represents the unity of four elements: the subject, the content, the form and the will. The presence of the faults of will is more difficult to define and prove (in comparison with the faults of subject, content, form), because in practice it is difficult to determine the true will of individuals in the commission of a deal, because the will of human is its internal conviction; such concepts as deception, error, the nature of a serious circumstance, the degree of disadvantage of the conditions are evaluative and there are no clear criteria for determining these aspects. The will and expression of will in the deal need to correspond to each other, because it is the two sides of one process, namely the attitude of the person to the action which is being carried out by him. The analysis of the existing civil law makes it possible to attribute to deals with faults of will: deals, committed by a capable physical person, who at the time of his commission was not realizing the significance of his actions and (or) could not manage of them; deals which had been committed under the influence of errors; deals which had been committed under the influence of deception; deals which had been committed under the influence of violence; deals which had been committed under the influence of difficult circumstances; deals which had been committed as a result of the malicious agreement of a representative of the one side with the representative of another side. Today we are witnessing a situation as familiar to us (traditional) deals are transformed by introducing information technology in electronic contracts smart contracts, etc., which may be concluded by the parties without personal contact, paper copies of contracts, personal (handwritten) signature. This is a kind of new phase of development, a turning point that should take place not only in the field of technical provision of opportunities for such concluding deals, but also in the consciousness of each person. Therefore, it is extremely important to ensure the protection of civil rights and interests of civil actors, which, in particular, manifests in the recognition of invalid the deals of faults of will and application of the consequences of such invalidity.
Authors and Affiliations
Ирина Давыдова, Iryna Davydova, Ірина Давидова
Keywords
Related Articles
- EP ID EP267315
- DOI 10.26886/2524-101X.1.2018.11
- Views 64
- Downloads 0
Щодо визначення поняття «морський туризм»
Стаття присвячена визначенню морського туризму. Головна мета цієї статті – проаналізувати існуючі визначення, запропоновані в іноземній літературі, і дослідити основні терміни та поняття. Запропоноване визначення морсько...
IX Международная научно-практическая конференция «Морское право и менеджмент: эволюция и современные вызовы»
Осуществлен обзор проведенной 6 - 7 апреля 2017 в Национальном университете «Одесская морская академия» под эгидой Ассоциации морского права Украины, Одесского отделения Института морской техники, науки и технологии, Отд...
The Reform of Odessa Customs: the Problem of Ways and Means
The article is devoted to the study of the issues on reformation of the sphere of state customs procedures, which are carried out through a standalone territorial customs body – Odessa Customs of State Fiscal Service of...
44. NORTH SEA CONTINENTAL SHELF CASES Judgment of 20 February 1969
Summary of Judgments in North Sea shelf cases (1969).
Limitation of the carrier’s liability in mixed traffic: international legal aspects
The article examines the modern international legal framework for limiting the carrier’s liability in mixed traffic. It is noted that today the only document adopted by international institutions that defines the limits...