The Ratio of Electronic and Written Form of Transactions

The article considers the main issues of correlation between the written form of transactions and the so-called “electronic” form, as well as the moment of receipt of expression of will made electronically. The development of technology has led to a variety of ways to exchange information, including legally significant, which has led to the problem of qualifying such relationships and adapting the rules of regulation. In this regard, the issues of determining the moment of receipt of such messages and the issues of proving the delivery of messages have become more acute.

The objectives of the study are to determine the ratio of written and electronic forms of transactions, to analyze and systematize the rules on determining the time of sending electronic messages and find a balanced solution for adapting the existing regulation to the developing relations.

Achievement of the set objectives requires the solution of the following tasks: to reveal the essence and content of the electronic form of transactions; define the functions of the electronic form of transactions; investigate and compare the moments of sending electronic messages in different legal orders.

The methodological basis of the study are general scientific methods of knowledge: analysis, synthesis, induction, deduction, scientific abstraction, classification, analogy; dialectical, formal-logical methods, method of structural and functional analysis. The study is based on the principles of consistency; unity of theory and practice. Substantial attention during the research is paid to the comparative legal methodology. On all stated problems foreign experience is analyzed.

The paper concludes that the electronic method of information transmission does not constitute an independent kind of transactions form, but is a written form. In addition, the paper analyzes in detail international approaches to determining the moment of receipt of legally significant messages made in electronic form and indicates directions for the reform of Russian legislation.