LEGAL NATURE OF CONCLUSION CONTRACTS

Journal article

Introduction. The article is devoted to studying the legal nature of conclusive contracts. Having experienced the first attempts at legal regulation in Roman law, conclusive contracts have undergone an evolutionary path to today's understanding. Case law and legal doctrine demonstrate the urgent need for a detailed definition and application of conclusive contract rules. The development of international relations and integration processes actualise the practicality of a detailed analysis of the legal nature of concluding contracts. Summary. First, there is an urgent need to establish in detail the definition and rules of application of concluding agreements. Today, conclusive contracts are widely used: buying goods or exchanging currency through vending machines, purchasing goods in self-service stores, paying for public transport through terminals, giving gifts through the transfer of a symbol (for example, car keys), paying for services without signing the corresponding act of services rendered, etc. Conclusive contracts are based on the performance of conclusive actions, which are not a form of contract, but a way of expressing a will for contracts concluded in verbal form. Conclusive actions themselves can be performed by performing actions or speaking words. In any case, conclusive actions are an active form of expression of will, unlike silence. The legal nature of conclusive contracts is based on a cause-and-effect relationship between actions and consequences. The point is the impossibility of denying the result of one's actions if they were done consciously and freely. Conclusions. In the study, the author notes that conclusive are contracts in which a person's will to agree is embodied by performing conclusive actions. It is also proven that the legal nature of conclusive contracts is based on the principles of Roman law and characterises them as a way of the will expressed in verbal contracts. In some cases, conclusive contracts can be concluded by speaking words and not just by doing actions.

Authors: Savchenko, V

• Publication status: Published
• Peer review status: Peer reviewed
• Publisher: V. N. Karazin Kharkiv National University
• Journal: The Journal of V N Karazin Kharkiv National University Series Law
• Issue: 34
• Pages: 97-102
• Publication date: 2022-12-27
• DOI: 10.26565/2075-1834-2022-34-11
• ISSN: 2075-1834
• Language: English
• Keywords: Silence; Business; Economics; Doctrine; Impossibility; Law; Law and economics; Service (business); Political science; Legal doctrine; Marketing