THE CATEGORIES OF DEALS: FROM ROMAN NEGOTIUM TO “IT-DEAL”
Journal Title: Часопис цивілістики - Year 2018, Vol 29, Issue
Abstract
The article is devoted to the analysis of the transformation of the principles of understanding the category of the deal in modern civil law with taking into account the realities of the information society and the extension of capabilities for making deals s in the conditions of the spread of information technologies. The analysis of origin, formation and prospects of development of the category of the deal was made and the conclusion is that: having formed in its main features in the Roman private law, the laws currently serve as one of the most important elements of the legal mechanism of society’s existence. It is concluded that in the information society the concept of the deal has undergone significant changes, in fact, divided into two branches: “traditional deals”, based on the classical principles of understanding this category, and IT-law, which are essentially related to the sphere of existence and the use of information technologies. In turn, highlighted two types of IT-deals: IT-deals – is deals that are acts of subjects of civil law, but may not (exist) outside the IT-sphere at all, and which can be accomplished through various platforms (in particular, blockade platforms), which by its nature is a civil law field; deals that are traditional by its nature and which are related to IT, are making with the help of information technology: electronic deals and those related to the use of various electronic resources for its commission (the reality depends on this, etc., including EDS). The category of the transaction has a new phase of development, a turning point that should take place not only in the field of technical provision of opportunities for such concluding transactions and legal regulation of the latter, but also in the consciousness of each person.
Authors and Affiliations
Євген Олегович Харитонов, Ірина Віталіївна Давидова
Keywords
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