Freedom of contract in the digital age and its implementation in modern technologies: theory and practice
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Дата
2021
Назва журналу
Номер ISSN
Назва тому
Видавець
Анотація
Scientific and technical development, as well as the emergence of
new types of contracts, which do not have their expression in
current legislation, force us to explore the issues of contract law to
adapt to change. In this context, the principle of freedom of
contract is fundamental, which states that each person has the right
to enter into a contractual relationship at his discretion. However,
such freedom is not absolute, because the freedom of one person
should not violate the freedom of another. Together with the
conflict of private and public interests, these phenomena are a field
for the study of topical issues of theory and application of the
principle of freedom of contract in practice. Research methods are
philosophical, general scientific, and special scientific methods, in
particular, system-structural, formal-legal, hermeneutic; methods
of analysis, synthesis, etc. As a result of the research, the main
characteristics of the principle of freedom of contract, its role for
private law regulation of contract law are given; approaches to
understanding the restriction of contract freedom are analyzed;
typical examples and means of such restrictions are identified;
demonstrated how contract freedom is embodied in the use of IT
tools, which types of contracts are most common in the digital
environment.
Опис
Ключові слова
Private law, contract law, freedom of contract, limits of freedom of contract, mandatory rules., Приватне право, договірне право, свобода договору, межі свободи договору, обов'язкові норми.
Бібліографічний опис
Davydova I. et al. Freedom of contract in the digital age and its implementation in modern technologies: theory and practice. IJCSNS International Journal of Computer Science and Network Security, VOL.21 No.12, December 2021. Pp. 544 - 548.