The legal nature of a civil contract concluded through information and communication systems

Abstract

The author of the article analyzes the legal nature of civil contracts concluded through information and communication systems (ICS). The author examines the legal environment in which such contracts operate, including requirements for their conclusion and execution. The article discusses general theoretical approaches to defining the concept of a contract developed by the doctrine of civil law. The author emphasizes that changes in economic, social, and political aspects of public life have led to the emergence of new types of civil legal relations. This, in turn, necessitated the development of new forms and methods of regulating such relations among participants in civil turnover. The article also emphasizes that the active development and dissemination of information and communication technologies, which have provided participants in civil turnover with the opportunity to use electronic communication tools in their activities, have led to more convenient ways for subjects to conduct their activities.

 The use of information and communication technologies has led to the emergence of a new type of contract in civil circulation, namely the electronic contract.

 The legal institution of the contract plays a key role both in the system of civil law and in civil legislation. The study of the legal nature, features, and variety of types of contracts has always received considerable attention in civil science. However, under modern conditions of the development of commodity-money relations and changes in the economic sphere, the importance of the contract as a universal legal model for regulating relations based on the principles of legal equality, free will, and autonomy of their participants is increasing.

Under the influence of the factors mentioned above, the character of the traditional civil law category is changing. The importance and scope of the application of contracts are increasing, new contract constructions are emerging, and the focus of normative regulation on the terms and performance of contractual obligations is shifting. Therefore, the scientific analysis of the legal nature and role of the contract in the system of civil legal institutions, the study of the interpretation of this category in legal doctrine by past and contemporary scholars, and the consideration of the legal foundations of contractual regulation of social relations become very important.

 The detailed analysis includes questions regarding electronic signatures, which are important elements in concluding civil contracts through ICS, questions of the parties' liability, protection of personal data, and comparison with traditional methods of contract conclusion, which also provide a basis for future research. Based on the conducted research, the author makes proposals and provides recommendations regarding the conclusion and execution of civil contracts through information and communication systems.