Выпуск №4

Imitation of Free Autonomous Will: the Current State of Civil Law Regulation

Авторы:

Ekaterina S. Kataeva

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Информация о статье:

Тип статьи: Юриспруденция

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Для цитирования:

Ekaterina S. Kataeva ‘Imitation of Free Autonomous Will: the Current State of Civil Law Regulation’, Ural Journal of Legal Research, 2021, No. 4. pp. 38-45. DOI 10.34076/2658_512X_2021_4_38

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Аннотация:

This article is devoted to the problem of digitalization of the expression of will and its imitation by means of an electronic signature (hereinafter - EDS). With the development of digital technologies, a new form of expression of will appears – «digital expression of will». The author analyzes changes in legislation regarding the form of a transaction under Article 160 of the Civil Code of the Russian Federation (digital law). The negative consequences of the introduction of digital technologies in real estate transactions are considered, in particular, a specific illustrative case is given. Attempts to correct the situation with the help of Rosreestr information campaigns were noted. Subsequently, this problem was solved by law. The author analyzes the changes in legislation in the field of state registration of real estate and EDS. The author emphasizes the right choice of the legislator in relation to personal confirmation by a person of his will when making a real estate transaction using EDS due to the specifics of the object. In terms of changing the legislation on EDS, the problem of «weak» certification centers has been solved. It was noted that the adoption of a digital law and two laws on amendments to the sphere of registration of real estate and EDS should have been in reverse order, first it was necessary to provide ways of protection, and only then to introduce such regulation. The author analyzes the causes of negative consequences, in particular, noted the non-acceptance of criticism by the legislator contained in the expert opinion of the Council under the President of the Russian Federation on codification and improvement of civil legislation, even at the time of consideration of the draft law on the amendment of Article 160 of the Civil Code of the Russian Federation on the form of the transaction. The author concludes that segmentation of regulation is necessary, rational introduction of technologies into people’s lives. The expression of will should not lose its main meaning of autonomy.

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Список цитируемой литературы:

1. Vasilevskaya L. Yu. Digitalization of civil turnover: problems and trends // Russian Law. Journal 2020. №. 6.

2. Civil Law [Text]: textbook: in 2 volumes/ S. S. Alekseev [et al.]; edited by S.A. Stepanov. - 2nd ed., reprint. and add. - Moscow: Prospect, 2018. Vol.1. - 704 p.

3. Transactions, representation, limitation period: article-by-article commentary to Articles 153- 208 of the Civil Code of the Russian Federation [Electronic edition. Revision 1.0] / Ed. by A.G. Karapetov. - M.: M-Logos, 2018. - 1264 p. (Comments on civil legislation #Gloss.) // URL: https://m-lawbooks.ru/product/ sdelki-predstavitelstvo-iskovaya-davnostpostateynyiy-kommentariy-k-st-153-208-gk-rfpod-red-a-g-karapetova (accessed: November 5, 2021).

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Ключевые слова:

digitalization, expression of will, imitation of will, transactions, electronic signature, real estate, segmentation of regulation

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