Factors of Volitional Attributiveness of the Legal Transaction based on International Experience-Reference-Cited by-同舟云学术

Factors of Volitional Attributiveness of the Legal Transaction based on International Experience

Published:2022-12-29 Issue:75 Volume:40 Page:498-521
ISSN:2542-3185
Container-title:Cuestiones Políticas
language:es
Short-container-title:Cuest. Pol.

Author:

Savchenko Viktor¹^ORCID,Borsuk Nataliia²^ORCID,Hrabynskyi Mykhailo³^ORCID,Guyvan Petro⁴^ORCID,Rudyk Mykola⁵^ORCID

Affiliation:

1. Department of Civil Law, V. N. Karazin National University, Kharkiv, Ukraine.

2. Department of Entrepreneurial and Corporate Law, Kyiv National Economic University named after Vadym Hetman, Kyiv, Ukraine.

3. Department of International Law, Ivan Franko National University of Lviv, Lviv, Ukraine.

4. Institute of State and Law Named after V. M. Koretsky National Academy of Sciences of Ukraine, Kyiv, Ukraine.

5. Department of Police Law, National Academy of Internal Affairs, Kyiv, Ukraine.

Abstract

The aim of the study was to determine the most effective model of legal regulation of the form of declaration of will in legal transactions from the survey of the legislation of several countries and their respective jurisprudence. The research covered the methods of statistical analysis, comparative law, dialectics and legal epistemology, as well as data selection and legal modeling. It is shown that the model of legal regulation of the form of declaration of will, which is based on the principle of free choice of the form of declaration of will, is the most effective in terms of these indicators in the case of: (Greece, Poland, Czech Republic). At the same time, these States provide for strict requirements for challenging legal transactions and provide for the prohibition of abuse of rights. It is concluded that it is justified that in the majority of states the principle of valid will is applied when concluding legal transactions. Moreover, the results of this study can be used to develop proposals for the improvement of legislation in the field of regulation of the forms of declaration of will in the conclusion of legal transactions in their various forms and modalities.

Publisher

Universidad del Zulia

Subject

General Economics, Econometrics and Finance

Reference47 articles.

1. ADAMOVA, Olena. 2017. “Classification of legal facts according to the voluntary criterion in the mechanism of legal regulation of marine insurance relations” In: Scientific and practical conference “Problems of civil law and process”. KhNUVS. Kharkiv, Ukraine.

2. AKBAR, Allen. 2016. Basic principles of English contract law. Available online. In: http://www.a4id.org/wp-content/uploads/2016/10/A4ID-english-contract-law-at-a-glance.pdf. Consultation date: 10/5/2022.

3. AKHTER, Ayeasha; KARIM, Mobarak; JANNAT, Sabeha; ISLAM, Anwarul. 2022. “Determining factors of intention to adopt internet banking services: A study on commercial bank users in Bangladesh” In: Banks and Bank Systems. Vol. 17, No. 1, pp. 125-136.

4. BENLI, Erman. 2020. “Making ‘the principle of honesty’ (objective good faith) measurable and data-driven through the theory of ‘contract with the effect of third party protection’: an example from European civil law countries” In: The Lawyer Quarterly. Vol. 10, No. 2, pp. 73-81.

5. BURGERLIJK WETBOEK VAN BELGIË VANAF. 2019. Available online. In: https://justitie.belgium.be/nl/bwcc#:~:text=Op%201%20november%202020%20isopschrift%20'oud%20Burgerlijk%20Wetboek. Consultation date: 10/5/2022.