FORM OF THE ECONOMIC CONTRACT AS A GUARANTEE OF ITS VALIDITY

Abstract

An analysis of the types of the form of the economic contract and the consequences of their violation, as well as the conditions under which the economic obligation is considered concluded. Also, attention was paid to the conclusion of economic contracts with the use of electronic digital signatures. Formed scientific approaches and outlined the problematic theoretical and legal issues with the use of such a signature and put forward proposals for the formation of a common practice for the conclusion of this type of economic commitment.

The entrepreneurial activity found its expression in many forms, the main of which is a business contract. At present, the form of the contract suffers the most significant changes. Currently, the following forms of commercial contracts are formally regulated: oral and written. A written contract may be certified by a notary. In this article the author substantiates the necessity of including in this classification along with the written form an electronic form of the contract as well, which can also be certified by a notary public. This article also analyzes the forms of management, as well as their violations, as well as the conditions under which the economic obligation is deemed to be concluded. Also, such concepts as “full written” and “condensed written” form of economic contract, “typical form of the contract”, “stateorder”, “deed of adherence” are characterized.

The normative and legal regulation of the form of the economic contract is investigated, on the basis of which the author concludes that the availability of one article in the Civil Code of Ukraine and the absence of such provisions in the Commercial Code is insufficient and causes the ambiguous application, for example, of the oral form of the economic contract. The procedure of concluding an economic contract is considered in cases where the law does not impose the obligation of a certain form and the parties may elect it at its own discretion. It has been determined that in such cases the will of the parties is limited by the requirements of the law alone, and not by any other statutory and regulatory. Theorder and base sofuse of sealson economic contracts are high lighted. Also was paid attention to the conclusion of economic contracts with the use of e-signatures and judicial practice in the consideration of a dispute regarding the invalidation of an economic contract, which was concluded by e-signature. Scientific approaches are formed and outlined the problematic theoretical and legal issues with the use of such a signature and put forward proposals for the formation of a common practice for the conclusion of this type of economic commitment. Scientific approaches are formed and out lined the problem attic theoretical and legalis sues with theuse of such a signature and put forward proposals for the formation of a commonpractice for the conclusion of this type of economic obligation. The consequences of violations of the parties, both the requirements of the lawon the form of the contract and its not arialcertificate, areconsidered.