Instituto de Estudios Políticos y Derecho Público "Dr. Humberto J. La Roche"
de la Facultad de Ciencias Jurídicas y Políticas de la Universidad del Zulia
Maracaibo, Venezuela
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avan ces o re sul ta dos de in ves ti ga ción en las áreas de Cien cia Po lí ti ca y De re cho Pú bli-
co, los cua les son so me ti dos a la con si de ra ción de ár bi tros ca li fi ca dos.
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Vol. 40, Nº 75 (2022), 498-521
IEPDP-Facultad de Ciencias Jurídicas y Políticas - LUZ
Factors of Volitional Attributiveness
of the Legal Transaction based on
International Experience
DOI: https://doi.org/10.46398/cuestpol.4075.30
Viktor Savchenko *
Nataliia Borsuk **
Mykhailo Hrabynskyi ***
Petro Guyvan ****
Mykola Rudyk *****
Abstract
The aim of the study was to determine the most eective
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 eective 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 justied 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 eld of regulation of the
forms of declaration of will in the conclusion of legal transactions in their
various forms and modalities.
Keywords: volitional attributivity; declaration of will; international
experience; legal business; valid will.
* PhD in Law Sciences, Associate Professor of the Department of Civil Law, V. N. Karazin National
University, Kharkiv, Ukraine. ORCID ID: https://orcid.org/0000-0001-7104-3559
** Doctor in Law Sciences, Associate Professor of the Department of Entrepreneurial and Corporate Law,
Kyiv National Economic University named after Vadym Hetman, Kyiv, Ukraine. ORCID ID: https://
orcid.org/0000-0003-3476-3084
*** PhD of Law Sciences, Assistant Professor of the Department of International Law, Ivan Franko National
University of Lviv, Lviv, Ukraine. ORCID ID: https://orcid.org/0000-0001-8338-8810
**** PhD of Law Sciences, Doctoral Student of the Institute of State and Law Named after V. M. Koretsky
National Academy of Sciences of Ukraine, Kyiv, Ukraine. ORCID ID: https://orcid.org/0000-0003-
3058-4767
***** PhD of Law Sciences, Lecturer of the Department of Police Law, National Academy of Internal Aairs,
Kyiv, Ukraine. ORCID ID: https://orcid.org/0000-0003-1031-9982
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CUESTIONES POLÍTICAS
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Factores de atributividad volitiva del negocio jurídico
a partir de la experiencia internacional
Resumen
El objetivo del estudio fue determinar el modelo más ecaz de regulación
jurídica de la forma de declaración de voluntad en los negocios jurídicos a
partir del levantamiento de la legislación de varios países y su respectiva
jurisprudencia. La investigación abarcó los métodos de análisis estadístico,
derecho comparado, dialéctica y epistemología jurídica, así como la
selección de datos y la modelización jurídica. Se demuestra que el modelo
de regulación legal de la forma de declaración de voluntad, que se basa en
el principio de libre elección de la forma de declaración de voluntad, es el
más ecaz en términos de estos indicadores en los caso de: (Grecia, Polonia,
República Checa). Al mismo tiempo, estos Estados prevén requisitos
estrictos para impugnar los negocios jurídicos y establecen la prohibición
del abuso de derecho. Se concluye que se justica que en la mayoría de
los Estados se aplica el principio de voluntad válida al celebrar negocios
jurídicos. Por lo demas, los resultados de este estudio pueden utilizarse
para desarrollar propuestas de mejora de la legislación en el ámbito de la
regulación de las formas de declaración de voluntad en la celebración de
negocios jurídicos en sus variadas formas y modalidades.
Palabras clave: atributividad volitiva; declaración de voluntad;
experiencia internacional; negocio jurídico; testamento
válido.
Introduction
One of the problematic issues in contract law is the determination of the
factors of volitional attributiveness of legal transactions. The main conict
in this area is the contradiction between the theory of declaration of will
and the theory of valid will when concluding a legal transaction.
The rst approach is based on the fact that clarifying the intention of the
parties is possible only through the analysis of their external declaration
of will because only the legal form of the contract distinguishes it from
other agreements of individuals (Haidulin, 2021). However, this “internal
and invisible phenomenon” needs “character symbols for its recognition
(Haidulin, 2021: 171)”.
This position corresponds to the so-called theory of will, which implies
that the interpretation of contracts means that in the event of a contradiction
between the literal presentation and the content of the agreement, the court
attaches the main importance to nding out the true will of the parties,
their intentions regarding the conclusion of the agreement (Savigny, 1840).
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Viktor Savchenko, Nataliia Borsuk, Mykhailo Hrabynskyi, Petro Guyvan y Mykola Rudyk
Factors of Volitional Attributiveness of the Legal Transaction based on International Experience
The declaration of will of the parties is ultimately substantivized in the
legal transaction. At the same time, delusion, error, coercion, etc. lead to
the probable inconsistency between the declared will and the internal,
real will. In such cases, the matter is about a defective will (Savchuk and
Tromova, 2008).
As a rule, the conict between the principles of valid will and the
declaration of will by the subject of the legal transaction is resolved in most
states in favour of the former. In particular, the prerequisite for applying this
approach is the Сontra Proferentem principle established in Roman law
(from the Latin expression “verba fortius accipiuntur contra proferentem”
— interpretation against the draftsman). For example, this approach exists
in the legal system of England, Germany, France and a number of other
countries (Youngs, 2020).
The emergence of new forms of concluding legal transactions, in
particular, with the help of digital technologies, complicates legal regulation
of contract law. In this regard, the legally dened forms of declaration of
will are constantly expanding. This entails an increasing number of factors
of volitional attributiveness of transactions and the need to improve their
legal regulation.
The following researchers studied the theoretical issues of the declaration
of will when concluding legal transactions, in particular, the classication
of legal facts according to the volitional criterion in the mechanism of
legal regulation, methods of interpreting the terms of the transaction, etc.:
Adamova (2017), Haidulin (2021), Sulieimanova et al. (2022) Syrovatskyi
(2020) and others.
The largest group of studies deal with the problems of expressing and
verifying the valid will of the parties in the contract law of the European
Union (EU) from the perspective of protecting the rights of consumers
when concluding contracts, and protecting the rights of the more vulnerable
party to the legal transaction. Such studies were conducted by Wagner
(2012), Hulmak (2022), Mikłaszewicz (2019), Houska (2019), Schulte-
Nolke (2015) and others.
Some studies focus on the contract with the eect of third-party
protection, which provides that the contracting parties have an obligation
not only to each other, but also to third parties to hold them harmless Eren
(2015) and the principle of good faith during the presentation of the oer
by Benli (2020).
The studies of such scholars as Guttler and Matejka (2016), Dudorov and
Pysmenskyy (2020), Kharitonova (2016) and others should be included in a
separate group. These scholars studied the issue of volitional attributiveness
in non-contractual legal relations and unilateral legal transactions.
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CUESTIONES POLÍTICAS
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The review of these studies allows concluding that the issues about the
factors of volitional attributiveness of the legal transactions were studied
mainly from the perspective of the protection of the acceptor against the
bad faith behaviour of the oeror, in particular, misleading by providing
unreliable or ambiguous information about the terms and conditions
of the legal transaction. At the same time, most of the practical issues
of determining the inuence of volitional attributiveness factors on the
occurrence of defective will and contesting the legal transaction on this
basis are poorly studied.
In particular, there are almost no studies on the connection between the
model of legal regulation of the form of declaration of will when concluding
a legal transaction in one or another state and the possibility of ensuring the
valid consent of the subject to the conclusion of the legal transaction.
Therefore, the analysis of the factors of volitional attributiveness of the
legal transaction under the legislation of foreign countries and determining
the most eective model of legal regulation on this ground is a topical
subject of research.
1. Aim
The aim of this research is to determine the most eective model of legal
regulation of the declaration of will in the legal transactions based on the
analysis of the legislation of foreign states. The aim involved the following
research objectives:
1. analyse the legislative acts of selected foreign states that regulate
the form of declaration of will when concluding a legal transaction;
2. identify the forms of declaration of will provided for by the legislation
of selected foreign states;
3. outline the mechanisms for contesting transactions on the ground
of defective will according to the legislation of foreign states;
4. analyse judicial statistics in cases of contestation of legal transactions
on the gound of defective will in some foreign states;
5. generalize the factors of volitional attributiveness of legal transactions
and develop proposals for improving the legal regulation of forms of
declaration of will when concluding legal transactions.
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Viktor Savchenko, Nataliia Borsuk, Mykhailo Hrabynskyi, Petro Guyvan y Mykola Rudyk
Factors of Volitional Attributiveness of the Legal Transaction based on International Experience
2. Methodology and methods
The methodological background of the research was a system of methods
of statistical analysis, comparative law, dialectics and legal epistemology, as
well as data selection and legal modeling. Together, these methods allowed
revealing the main problems of the factors of volitional attributiveness
of legal transactions under the legislation of foreign states. Scientically
grounded combination of the methods referred to above allowed establishing
the most eective model of legal regulation of the form of declaration of
will when concluding legal transactions. This research was also carried out
on the basis of eective sublimation of methods of empirical analysis and
theoretical research of the selected subject.
The empirical background of this study was the legal acts of Belgium,
Greece, Italy, the Netherlands, Germany, Poland, Romania, France, the
Czech Republic, Switzerland, the case law of these states in cases on the
recognition of legal transactions as invalid on the ground of a defective will.
The methodology of writing this article inmplies conducting research in
three interrelated stages.
The rst stage included the collection and systematization of theoretical
material, its generalization and analysis, grouping and thorough study in
order to further identify outstanding issues and gaps in the given subject
under research and substantiating its topicality.
The rst stage of the research involved formulation of the research
methodology, outlining a set of theoretical and empirical research methods,
and determining the principles of their sublimation to comprehensively
reveal the research topic. An important task of this stage was the correct
justication of the aim and objectives of the research. The theoretical
phase of the study also involved an analysis of theoretical approaches to
interpreting key terminology.
The second stage involved sampling for conducting an empirical study.
The sample was formed on the basis of the ocial sources of information,
web resources and websites of the legislative and judicial authorities of the
selected European states.
The following indicators were used in order to choose the most eective
model of legal regulation of the declaration of will during the conclusion
of the legal transactions: a high-level protection of the parties to the legal
transaction from deception and a small number of appeals to judicial
authorities to contest the legal transaction on the ground of a defective will.
At the same time, the mechanism of protection of the acceptor against
the bad faith behaviour of the oeror became the indicator of a high-level
protection. Information on these factors was collected and analysed for such
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CUESTIONES POLÍTICAS
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EU countries as Belgium, Greece, Spain, Italy, the Netherlands, Germany,
Poland, Romania, France, the Czech Republic, and Switzerland. Data for
Ukraine were also provided for comparison of relevant indicators.
The nal stage of the research involved summarizing the results of the
conducted analysis, as well as their presentation in comparative tables. It
was proved through selected research methods that, according to the given
indicators, the model of legal regulation is the most eective in states with
stricter requirements for the procedure for recognizing legal transactions as
null and void and prohibiting the abuse of law (Greece, Poland, the Czech
Republic). The obtained results made it sure that in most states the principle
of validity of the will is applied when concluding legal transactions, and this
corresponds to the principles of the rule of law.
3. Results
In EU countries and Ukraine, the issue of declaration of will when
concluding legal transactions, as well as the forms of declaration of will, are
dened in civil law acts (Table 1).
Table 1: Civil law acts of the EU states and Ukraine, which determine the forms
of declaration of will when concluding legal transactions
State Civil law act
Belgium
Civil Code of Belgium of 13 April 2019,
Laws of Belgium:
On Consumer Protection of 18 July 2013,
On Services of 28 December 2009,
On Unfair Commercial Practices,
On Electronic Signatures and Electronic Archiving of 21 July 2016
Greece
Civil Code of Greece No. 2783/1941 of 17 October 1984,
Laws of Greece:
On Consumer Protection No. 2251/1994 of 16 November 1994,
On the Legal Background of Electronic Signatures and Related
Issues No. 3852 dated 30 April 2004,
Decrees of the President of Greece “Code of Consumer Ethics” No.
10/2017 of 1 March 2017,
On the Adaptation of Greek Legislation to the Provisions of
Community Directive 2000/31 on Certain Legal Aspects of In-
formation Society Services, in Particular Electronic Commerce
No. 131/2003 of 16 May 2003, etc.
Spain
Civil Code of Spain of 24 July 1889, Laws of Spain:
On Electronic Signatures of No. 59/2003 of 19 December 2003,
On Information Society and Electronic Commerce Services
No. 34/2002 of July 12, 2002,
On the Regulation of Some Aspects of Electronic Trust Services
No. 6/2020 of 11 November 2020,
On the Protection of the Rights of Consumers and Users No.
26/1984 of 19 July 1984, etc.
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Viktor Savchenko, Nataliia Borsuk, Mykhailo Hrabynskyi, Petro Guyvan y Mykola Rudyk
Factors of Volitional Attributiveness of the Legal Transaction based on International Experience
Italy
Civil Code of Italy No. 262 of 16 March 1942,
Italian Consumer Code No. 229 of 06 September 2005,
Legislative Decree “Implementation of Directive 2000/31/EC of
the European Parliament and of the Council of 8 June 2000 on
Certain Legal Aspects of Information Society Services, in Partic-
ular Electronic Commerce, in the Internal Market No. 70 of 09
April 2003, etc.
Netherlands
Civil Code of the Netherlands of 01 October 1838,
The Act of the Netherlands on the Protection of Consumer Rights
of 20 November 2006,
Decree for the implementation of Directive (EU) 2015/2366 of the
European Parliament and of the Council of 25 November 2015 on
Payment Services in the Internal Market of 8 February 2019, etc.
Germany
The Civil Code of Germany of 18 August 1896,
the Laws of Germany:
On Trust Services of 18 July 2017,
On the Legal Principles of Electronic Commerce No. 70 of 20
December 2001,
On Framework Conditions for Electronic Signatures and Amend-
ing Other Regulations of 21 May 2001, etc.
Poland
Civil Code of Poland of 23 April 1964,
Laws of Poland:
On Consumer Rights No. 827 of 30 May 2014,
Trust Services and Electronic Identication No. 1579 of 5 Septem-
ber 2016,
On Payment Services No. 1175 of 19 August 2011, etc.
Romania
Civil Code of Romania No. 287/2009 of 17 July 2009,
Laws of Romania:
Law on Combating Unfair Practices by Traders in Dealings with
Consumers and Harmonising Regulations with European Con-
sumer Protection Legislation No. 363/2007 of 21 December 2007,
On Consumer Information about Food Products No. 279 of 12
January 2018,
On Electronic Signature No. 455/2001 of 13 December 2001,
On Time Stamp No. 451 of November 1, 2004
France
Civil Code of France of 21 March 1804,
Consumer Code of France of 27 July 1993,
Postal and Electronic Communications Code,
Law of France on Electronic Identication and Trust Services for
Electronic Transactions No. 2017-1426 of 04.10.2017
Czech
Republic
Civil Code of the Czech Republic No. 89/2012 of 22 March 2012,
Laws of the Czech Republic:
Consumer Protection Act No. 634/1992 of 12.31.1992,
Act on Trust Services for Electronic Transactions No. 297/2016 of
19 September 2016,
On Electronic Acts and Documents Authorised Conversion
No. 300/2008 of 19 August 2008
Switzerland
Civil Code of Switzerland of 30 March 1911,
Laws of Switzerland:
Electronic Communication Act No. 2022:482 of 03.06.2022,
Consumer Services Act No. 1985:716 of 1985,
Consumer Contract Terms Act No. 1994:1512 of 1994,
Distance and O-Premises Contracts Act No. 2002:562 of 2002
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Ukraine
Civil Code of Ukraine of 16 January 2003,
Laws of Ukraine:
On Consumer Rights Protection of 12 May 1991,
On Electronic Trust Services of 5 October 2017,
On Electronic Documents and Electronic Documents Circulation
of 22 May 2003,
On Electronic Commerce of 3 September 2015
EU
Regulation (EC) No 593/2008 of the European Parliament and of
the Council of 17 June 2008 on the law applicable to contractual
obligations (Rome I),
Regulation (EC) No 864/2007 of the European Parliament and of
the Council of 11 July 2007 on the law applicable to non-contrac-
tual obligations (Rome II),
Regulation (EU) No 910/2014 of the European Parliament and of
the Council of 23 July 2014 on electronic identication and trust
services for electronic transactions in the internal market,
Directive 1999/44/EC of the European Parliament and of the
Council of 25 May 1999 On certain aspects of the sale of consumer
goods and associated guarantees,
Directive 2006/123/EC of the European Parliament and of the
Council of 12 December 2006 on services in the internal market,
Commission Implementing Regulation (EU) 2018/2067 of 19 De-
cember 2018 on the verication of data and on the accreditation
of veriers pursuant to Directive 2003/87/EC of the European
Parliament and of the Council,
Regulation (EC) No 2006/2004 of the European Parliament and
of the Council of 27 October 2004 on cooperation between na-
tional authorities responsible for the enforcement of consumer
protection laws (the Regulation on consumer protection cooper-
ation),
Directive 1999/93/EC of the European Parliament and of the
Council of 13 December 1999 on a community framework for
electronic signatures,
Directive 2005/29/EC of the European Parliament and of the
Council of 11 May 2005 concerning unfair business-to-consumer
commercial practices in the internal market
Source: authors.
So, civil codes are the main codied acts in EU countries and Ukraine.
Their provisions regulate the procedure for concluding legal transactions
and, accordingly, determine the main forms of declaration of will during
this procedure. Such forms include: written form (simple and notarized), to
which the electronic form is equated in all states, and oral.
Laws on the protection of consumer rights have been adopted in most
EU countries, as well as in Ukraine. In some countries they are codied
(for example, Italy and France). However, consumer rights protection is
not regulated by a separate law or code in some countries, but enshrined
in various legal acts. For example, in Germany, this is the Food and Feed
Code, the Cosmetics Ordinance, the Medicinal Products Act, etc.
Table 2 presents the forms of declaration of will during the conclusion
of legal transactions and the conditions of their admissibility in accordance
with the civil legislation of the EU states and Ukraine.
506 Viktor Savchenko, Nataliia Borsuk, Mykhailo Hrabynskyi, Petro Guyvan y Mykola Rudyk
Factors of Volitional Attributiveness of the Legal Transaction based on International Experience
Table 2: Forms of declaration of will in legal transactions in accordance with the
legislation of EU states and Ukraine.
State Forms and conditions of declaration of valid will
Belgium
The declaration of will is considered valid if the legal transaction
is concluded:
1) by a person who has civil capacity sucient for this type of a legl
transaction; full capacity is reached with adulthood;
2) the will is declared in the form prescribed for a specic type of
legal transaction;
3) valid consent has been reached and declared on all terms of the
legal transaction.
The forms of declaration of will are:
1) written and electronic form by signing with one’s own hand or
with an electronic signature;
2) providing tacit consent to conclude a legal transaction by per-
forming certain actions to declare consent;
3) consensual way — when obligations arise at the moment of the
very fact of declaration of will (Article 1559).
As a general rule, all contracts in Belgium are consensual, and con-
sent does not necessarily have to be given in a certain way: it can
be declared directly or indirectly.
Greece
The legal transaction is valid from in terms of its form if it complies
with the law regulating the content (Article 11).
A particular form of the legal transaction is required only in cases
where it is expressly provided by law (Article 158).
If the law or the parties have determined the form of the legal
transaction, the document must be written by hand; if it is a con-
tract, the same document must bear the signatures of the parties;
if several originals are drawn up for the contract, it is sucient for
each party to sign the copy intended for the other party (Article
160).
Signing with an electronic signature is equivalent to a conventional
signature (Article 163).
In the absence of agreement of the parties on certain clauses of the
contract, it is considered that the legal transaction has not been
concluded (Article 195).
Spain
The following requirements must be met for the legal transaction
to be valid: consent of the parties; the object that is the subject of
the contract is determined; legal consequences of the deed (Article
1261).
The consent is manifested in the acceptance of an oer, thing or
obligation, which is the subject of the contract (Article 1262).
Minors can enter into those contracts which the law allows them to
perform independently or with the help of their representatives, as
well as those relating to goods and services of ordinary life, charac-
teristic of their age, in accordance with public needs (Article 1263).
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Italy
Requirements for the validity of the legal transaction: 1) agreement
of the parties; 2) legal reason; 3) object; 4) the form prescribed by
law (Article 1325).
In contracts concluded by signing forms intended for the uniform
regulation of certain contractual relations, clauses added to the
form take precedence over the provisions of the form if they are in-
compatible with them, even if the latter have not been deleted (Ar-
ticle 1342).
The written form of legal transactions is mandatory under the risk
of invalidity for:
1) contracts transferring ownership of real estate;
2) contracts that create, alter or transfer the right of usufruct to
immovable property, the right to land, the rights of the grantor and
the lessee;
3) contracts that constitute a community of rights specied in the
previous numbers;
4) contracts that establish or change servitudes, the right to use
immovable property and the right of residence;
5) acts on the waiver of rights specied in the previous numbers,
etc. (Article 1350).
If the parties have agreed in writing to adopt a specic form for
the future conclusion of the contract, this form shall be considered
valid (Article 1352).
Netherlands
An oral oer shall become null and void if not accepted immediately,
a written oer — if not accepted within a reasonable time; the oer
shall be invalid if it is rejected before acceptance (Article 221).
If the law provides that the contract is valid or inviolable only in
written form, this requirement shall also be fullled if the contract
is concluded electronically (Article 227a).
Before concluding a contract electronically, a person must
provide the other party with at least clear, understandable and
unambiguous information about:
a. the method of concluding the contract and, in particular, the
actions necessary for this;
b. whether the agreement is archived after its conclusion, and also,
if the agreement is archived, how the other party can read it;
c. the way in which the other party can learn about actions that
it does not want, as well as the way in which it can correct them
before the conclusion of the contract;
d. languages in which the contract may be concluded;
e. the codes of conduct followed and the manner in which the other
party can familiarize with these codes of conduct in electronic
form (Article 227b).
Germany
A declaration of intent shall be invalid if the applicant secretly re-
serves the right not to will what was declared (Article 126).
In case of replacing the written form prescribed by law with an
electronic form, the party must add its name to the proposal and
attach a qualied electronic signature on an electronic document.
The electronic form of the contract shall be equivalent to the writ-
ten form (Article 126a).
In order to declare a will in writing, it is sucient to transmit it by
means of a telecommunication means and exchange of letters (Ar-
ticle 127).
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Viktor Savchenko, Nataliia Borsuk, Mykhailo Hrabynskyi, Petro Guyvan y Mykola Rudyk
Factors of Volitional Attributiveness of the Legal Transaction based on International Experience
Poland
Any legal transaction can be concluded by fully capable persons,
that is who have reached the age of majority or have entered into a
marriage (Articles 11, 12).
With the exceptions provided by law, the person who concludes the
legal tranaction can declare his or her will by any behaviour that
suciently reveals his or her will (Article 60).
If the law establishes a mandatory written form of the legal trans-
action, then consent shall be considered reached if the parties have
agreed on all the terms of the contract (Article 73).
To conrm the declaration of will in written legal transactions, it
is enough to sign a document containing the content of the decla-
ration of will; conclude a contract, it is sucient to exchange doc-
uments containing the content of the declaration of will signed by
the relevant party (Article 78).
Romania
The legal transaction is valid on the condition that it is conclud-
ed by a person with sucient legal capacity; full legal capacity is
acquired upon reaching the age of majority or upon entering into
marriage (Articles 38, 39).
The will can be declared in written or oral form; written form is
mandatory only for those legal transactions determined by law; an
electronic form shall be equated to a written form (Article 98).
France
One of the parties who knows the information, the importance of
which is decisive for the consent of the other party, must notify it, if
the latter does not know this information on legal grounds or trusts
the other consenting party; information that has a direct and nec-
essary connection with the content of the contract or the quality of
the parties is decisive (Article 1112-1).
Silence does not mean acceptance, unless otherwise required by
law, custom, business relations or special circumstances (Article
1120).
Electronic means can be used to make contractual provisions or
information about goods or services available (Article 1125).
Consent of the parties; their ability to understand the meaning of
their actions and understand the terms of the contract; legal con-
tent is required for the contract to be valid (Article 1128).
Czech Re-
public
Written form is provided for all contracts except those that are
subject to immediate execution; in a written legal transaction, the
will is declared by means of a handwritten signature or an elec-
tronic signature (Article 990).
If the parties consider the contract concluded, although they have
not actually agreed to all the terms, their will is considered de-
clared if their further behaviour indicates acceptance of the terms
(Article 1726).
After concluding a contract between the parties in a form other
than written, the parties shall be left to decide whether to conrm
the content of the contract in writing.
If in the course of activity one of the parties does this in relation
to the other, believing that its conrmation correctly reects the
content of the contract, the contract shall be considered concluded
with the content set forth in the conrmation, even if it indicates a
deviation from the actually agreed content of the contract (Article
1757).
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Switzerland
The legal transactions can be concluded by a capable person who
has reached the age of majority and is able to understand the
meaning of his or her actions (Article 14).
A special form of declaration of will in the legal transaction is nec-
essary only if it is provided for by law; the law does not provide for
such a special form, and if the parties themselves have not agreed
on any such form, a free form applies, that is, contracts can be con-
cluded without any form, for example, orally or by e-mail (Article
11).
An agreement that is not executed in writing shall be also binding
on all parties, unless the law requires a written agreement; all con-
tracts for which the law requires a simple written form may also be
concluded electronically (Article 12).
Ukraine
The will of the parties shall be declared by teletypewriter, electron-
ic or other technical means of communication; signed by its party
(parties), including by means of an electronic qualied signature.
Mandatory written form for legal transactions: with legal entities;
for an amount that exceeds the size of the tax-free minimum in-
come of citizens by twenty or more times and those that are subject
to mandatory notarization.
In oral form if the legal transaction is fully executed at the time
of conclusion; small household transactions. Taking conclusive ac-
tions requires a sucient level of legal personality
Note: Prepared based on the following references (Burgerlijk Wetboek Van België, 2019;
Burgerlijk Wetboek Van Nederland, 1838; Cod Civil Al României, 2009; Code Civil Français,
1804; Codice Civile D’italia, 1942; Código Civil De España, 1889; Das Bürgerliche Gesetzbuch
Der Bundesrepublik Deutschland, 1896; François, 2018; Kodeks Cywilny Rp Z Dn., 1964;
Občanský Zákoník Čr Ze, 2012; Zivilgesetzbuch Der Schweiz, 1911; Civil Code of Greece,
1984; Judicial Statistics of Greece, n.d.; The Civil Code Of Ukraine, 2003).
Therefore, in all EU states, the main conditions for the validity of legal
transactions are their conclusion by persons with full legal capacity and
compliance with the established form of the transaction. Greece, Spain and
Poland provide the highest freedom of agreement, in particular, regarding
the establishment of the form of declaration of will.
The Civil Code of Italy directly species the types of legal transactions
for which a mandatory written form is required. The principle of exclusivity
is applied in the Czech Republic, which implies that all legal transactions
must be executed in writing, except for those dened by law. In the
Netherlands, considerable attention is paid to the regulation of the specics
and procedure of declaration of will in case of concluding a legal transaction
electronically.
It is necessary to study the legal mechanisms of protection of a person
available in European states in the event that his or her valid declaration
of will does not correspond to his or her internal will. This mechanism
includes the possibility of contesting the legal transaction on the gound of
a defective will (Table 3).
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Factors of Volitional Attributiveness of the Legal Transaction based on International Experience
Table 3: Grounds for contesting legal transactions on the gound of a defective
will in the EU states and Ukraine
State Grounds for contesting the legal transaction on the
ground of a defective will
Belgium
The contract becomes invalid as as result of mistakes in concluding
it (Article 1508).
For example, providing incorrect information to the other party
can be a mistake (Article 1520).
The legal transaction shall be invalid if it can be proven that the
person was unable to declare any will that entails legal conse-
quences (lack of will) at the time of giving consent (Article 1523).
A mistake is a misrepresentation that induces one or both parties
to commit a legal act, if that party would not have committed the
act if it had known the information (Article 1525).
Fraud is an error intentionally committed by the counterparty (Ar-
ticle 1116).
In order to declare the legal transaction invalid on the ground of
a mistake, the interested party applies to the court (Article 1526).
A mistake can cause the legal transaction to be null and void only
when it concerns an essential part of the content of the legal trans-
action (Article 1528).
Greece
The real will is sought during the interpretation of wills (Article
173).
A statement of intentions that was made frivolously and ctitiously
shall be invalid (Article 138).
Only a signicant error causes the invalidity of the legal transac-
tion; the error is signicant when it comes to important terms of
the contract, if the person knew the true information, he would not
have concluded this legal transaction (Article 142).
The legal transaction shall not be recognized invalid if the party
that made a mistake accepted its terms and conditions (Article
144).
The will of a person who was not aware of his or her actions and
was in a state of mental disorder shall be invalid (Article 171).
Abuse of the right shall be prohibited (Article 291).
Spain
The law does not protect the abuse of the right or its anti-social use
(Article 7).
Consent given by mistake, under the inuence of violence, intimi-
dation or fraud shall be invalid (Article 1256).
In order for a mistake to invalidate a deed, it must relate to the
essence of the subject matter of the contract, or those terms of
the contract that were the main reason for its conclusion (Article
1266).
If the terms of the contract are clear and leave no doubt as to the
intentions of the contracting parties, the literal meaning of its
clauses will apply; if the words seem contrary to the obvious in-
tention of the contracting parties, the latter will prevail over the
former (Article 1281).
If any provision of the contracts admits dierent meanings, it must
be understood in the meaning which is the most acceptable in or-
der for it to enter into force (Article 1284).
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Italy
When interpreting the contract, it is necessary to examine the
common intention of the parties, and not be limited to the literal
meaning of the words; this requires evaluating their general be-
haviour even after the conclusion of the contract (Article 1362).
The contract must be interpreted in good faith (Article 1366).
Ambiguous provisions shall be interpreted according to what is
usually practiced in the place where the contract was conclud-
ed (Article 1368) and the nature and subject matter of the contract
(art. 1369).
The contracting party, who gave its consent by mistake, as a re-
sult of violence or coercion, may demand the termination of the
contract in accordance with the following provisions (Article 1247).
A mistake is material if: 1) it concerns the nature or subject of the
contract; 2) it depends on the identity of the object of the service or
its quality, which, according to the general assessment or in con-
nection with the circumstances, should be considered decisive for
consent; 3) it depends on the personality or personality qualities of
the other party, provided that one or the other was a determining
factor of the agreement; 4) it was a mistake in law, it was the only
or main basis for concluding the contract (Article 1429).
A mistake is considered recognized if a person with ordinary pru-
dence could have discovered it in relation to the content, circum-
stances of the agreement, or the quality of the contracting parties
(Article 1430).
Netherlands
An agreement that was concluded under the inuence of a mistake
and would not have been concluded if the facts had been correctly
stated shall be invalid if: the mistake is caused by information
provided by the other party, unless the latter assumes that the
agreement would also be concluded without this information; the
other party should have informed the party which made a mistake
that it knew or should have known of the mistake; the other party,
in entering into the agreement, made the same wrong assumption
as the party which made a mistake, except where it should not have
been interpreted, even provided a correct presentation, that the
party which made a mistake would not be able to enter into the
agreement (Article 228).
Invalidity cannot be based on a mistake that relates exclusively
to future circumstances or that, due to the nature of the contract,
generally accepted views or the circumstances of the case, should
be clear to the party that made the mistake (Article 228).
Germany
The grounds for the nullity of the declaration of will are: the sub-
ject of the declaration of will is incapacitated, including temporar-
ily incapacitated (Article 105); the legal transaction is a ctitious,
provided the consent of the person who is oered to conclude it
(Article 117); lack of serious intention, but with the expectation
that it will be noticed by the other party (Article 118); defects of
the form, which can be the ground for contested invalidity (Article
125).
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Factors of Volitional Attributiveness of the Legal Transaction based on International Experience
Poland
A one-year period from the moment of its conclusion is established
for declaring the legal transaction invalid (Article 61).
The declaration of will must be interpreted in good faith in accor-
dance with customs and legal provisions, the purpose of the con-
tract, or rely on literal wording (Article 65).
A list of deciencies in the declaration of will that may cause its
invalidity: insucient consciousness or personal freedom; implicit
declaration of will for the purpose of concealing another legal trans-
action; substantial mistake: if the declaration of will was made to
another person, evasion of its legal consequences is allowed only if
the mistake was made by this person even without his of her fault
or if he or she knew about the mistake or could easily notice the
mistake; this limitation shall not apply to free legal transactions;
threat or distortion of the declaration of will (Articles 82-88).
Romania
The legal transaction shall be invalid if it was committed as a result
of a mistake, except for cases where the person who made the mis-
take accepted the terms and conditions (Article 17).
A minor who has reached the age of majority can conrm a legal
transaction committed alone when being a minor, when he should
have been represented (Articles 47, 48).
France
The defective will (vice du consentement) is a mistake, violence,
deception (Articles 1109, 1304).
A mistake is recognized as a ground of invalidity only if it concerns
the essence of the subject matter of such an agreement (Article
1110).
A mistake regarding the person related to the other party to the
contract is the ground for declaring the agreement invalid only
when this person was not the main cause of this agreement (Article
1110).
Czech Re-
public
If a person needs help in making a decision because a mental dis-
order causes diculties in doing so, even if he or she is not limited
in his or her capacity, he or she can resort to counceling (Article
45).
If someone acted erroneously regarding crucial circumstances and
was misled by the other party, the deed shall be invalid (Article
583).
If the mistake relates to a secondary circumstance that neither par-
ty has declared decisive, the legal transaction shall be valid, but the
person aected by the mistake is entitled to reasonable compensa-
tion from the person who caused the mistake (Article 584).
A contract shall be deemed invalid if, in its conclusion, somebody
takes advantage of distress, inexperience, intellectual weakness,
agitation or recklessness of the other party and extracts a promise
to provide performance to himself or somebody else the value of
which is in stark contrast to the mutual performance (Article 1796).
If the content of the contract can be interpreted in dierent ways,
the interpretation that is most favourable to the consumer is
used (Article 1812).
Switzerland According to the legislation of this state, the invalidity of the legal
transaction is not provided for on the ground a defective will, but
only on the ground of non-observance of the established form.
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Ukraine
If the person who concluded the legal transaction made a mistake
regarding the essential circumstances, such legal transaction may
be declared invalid by the court; a mistake regarding the nature of
the legal transaction, the rights and obligations of the parties, such
properties and qualities of the property that signicantly reduce
its value or the possibility of using it for its intended purpose is
of signicant importance. A mistake regarding the motives of the
legal transaction is not signicant, except for cases established by
law (Article 229).
If one of the parties to the legal transaction intentionally misled
the other party regarding essential circumstances, such legal trans-
action shall be declared invalid by the court; deception is the case
if the party denies the circumstances that may prevent from con-
cluding the legal transaction, or if it conceals their existence; the
party that resorted to deception shall compensate the other party
for double losses and moral damage caused by the conclusion of
this legal transaction (Article 230).
Note: Prepared based on the following references (Burgerlijk Wetboek Van België, 2019;
Burgerlijk Wetboek Van Nederland, 1838; Cod Civil Al României, 2009; Code Civil Français,
1804; Codice Civile D’italia, 1942; Código Civil De España, 1889; Das Bürgerliche Gesetzbuch
Der Bundesrepublik Deutschland, 1896; François, 2018; Kodeks Cywilny Rp Z Dn., 1964;
Občanský Zákoník Čr Ze, 2012; Zivilgesetzbuch Der Schweiz, 1911; Civil Code of Greece,
1984; Judicial Statistics of Greece, n.d.; The Civil Code Of Ukraine, 2003).
Therefore, the civil legislation of Greece, Spain, Poland and the Czech
Republic provides for the strictest requirements for declaring a legal
transaction invalid on the ground of a defective will, while Italy and the
Netherlands provide for the least strict.
We compare the above-mentioned approaches with the statistics of the
appeals to the court to declare legal transactions invalid on the ground of a
defective will (Table 4).
Table 4: Statistics in disputes concerning legal transactions in EU countries and
Ukraine
State 2019 2020 2021
Greece 2,202 3,903 4,105
Spain 132,471 110,426 115,947
Italy 121,090 119,225 116,781
Netherlands 23,941 23,117 22,021
Poland 10,874 9,603 8,715
Czech Republic 3,276 5,194 4,512
Ukraine 250,410 234,916 232,502
Note: Prepared based on the following references (Estadísticas Judiciales De España,
n.d.; Juridische Statistieken Van Nederland, n.d.; Katalog Životních Situací, n.d.; La Dg-Stat,
n.d.; Statystyka Sądowa Polski, n.d.; Judicial Power of Ukraine, n.d.).
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Factors of Volitional Attributiveness of the Legal Transaction based on International Experience
Therefore, the largest number of appeals to the court for this category of
cases is observed in Ukraine (with a downward trend), and the lowest – in
Greece (with an upward trend), Poland (a downward trend) and the Czech
Republic (with no denite trend) (Figure 1).
Figure 1: Statistics on disputes related to legal transactions in EU countries and
Ukraine. Source: authors.
Therefore, the most eective is the 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 (Greece, Poland, Czech Republic). At the same time,
these states have strict requirements for contesting legal transactions and
prohibiting the abuse of rights.
4. Discussion
In most states, the prevailing principle is presumption of conformity of
a valid will at the time of concluding a legal transaction to the declared
will. Such conclusions are in line with the ndings obtained on the basis of
research by the French civil lawyer François (2018). The researcher notes
that this rule derives from the binding force of the contract and respect for
the will of the parties (du respect de la volonte des parties).
At the same time, the conformity of the valid will of the parties in the
legal transaction to the declared will depends on the received information
about the terms of the legal transaction and its interpretation. A number of
studies support this hypothesis.
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For example, Markovits and Atiq (2021) noted that it is necessary to
distinguish the semantic intentions of the parties regarding their speech
acts (intentions to mean one or the other thing by their words) from their
pragmatic and clearly legal intentions (intention to cause legal consequences
with the help of their speech acts, such as the creation of an enforceable
promise).
Some scholars (Selucka et al., 2018) also conrm the conclusions that the
private law of most European countries is based on the informed consumer
principle. The scholars studied the general regulation of consumer
information, requirements for pre-contractual information, deceptive
practices that adversely aect consumer decisions, unfair contract terms,
and reasonable consumer expectations.
The information overload is the reverse side in the course of conscious
decision-making and achieving the correspondence of the valid will to
the declared will. It also carries the danger of distorting the acceptor’s
perception of the terms of the legal transaction and leads to a defective will
in the legal transaction (Miklitz and Domurath, 2015; Tarasevych et al.,
2022).
A number of scholars (Marakarkandy et al., 2017; Akhter et al., 2022)
used the example of banking contracts to carefully analyse the terms and
conditions that seem attractive to consumers and which encourage them
to more willingly accept other terms of the legal transaction. They include:
the promised safety, simplicity, ease, and clarity of using nancial services.
Therefore, there is a high risk of misleading interpretation of the terms
of the contract in this area and, accordingly, the resulting defective will
(Tsyganii et al., 2022).
According to the legislation of many states, defective will is the ground
for canceling the legal transaction or declaring it null and void in court.
Such conclusions conrm the ndings of Akbar (2016). The researcher
notes that misrepresentation can in all cases be the ground for cancellation
of the legal transaction.
However, the opinion of Akbar (2016) that such measures to cancel the
legal transaction on the ground of a defective will is a discretionary means
of legal protection does not seem to be fully justied. The researchers
provides the following arguments in support of his opinion: a) the party has
already conrmed its will by signing the contract; b) the party did not take
measures to clarify the actual content of the terms of the legal transaction;
c) sometimes the cancellation of the legal transaction in court makes it
impossibile for the parties to return to their original position, or the third
party has acquired legal rights as a result of the original contract.
516 Viktor Savchenko, Nataliia Borsuk, Mykhailo Hrabynskyi, Petro Guyvan y Mykola Rudyk
Factors of Volitional Attributiveness of the Legal Transaction based on International Experience
This opinion is supported by Haidulin (2021) in the context of bona de
interpretation (bonae dei interpretatio). The researcher believes that this
refers to relapses of mass abuse of the law (objective — the letter of the law,
and subjective — the form of declaration of will), which is almost always the
case under market liberalization.
The research carried out in this article conrms that such conclusions
are false. It proves that giving the parties the right to contest the legal
transaction in the event of a defective will is what times demand and an
eective protection against the abuses of commercial entities and other bad
faith oerors.
One should agree with the scholars (Kar and Radin, 2019; Matejka
and Güttler, 2018), who studied the issue of concluding legal transactions
remotely using digital technologies. The development of digital technologies
entails complications of forms of declaration of will when concluding such
legal transactions. Such forms include biometric or other similar identiers,
which are not stricto sensu a signature in the legal sense, but perform a
similar function.
Conclusions
In most states, the principle of the valid will is applied when the
transactions are concluded. The subjective and objective factors of volitional
attributiveness can be distinguished. The former include: subjective
perception of the terms of the legal transaction, interpretation of information,
compliance with the form of declaration of will when concluding the legal
transaction. These factors are determined by a person’s capacity, which is
why the laws of most states set restrictions on concluding legal transactions
by partially incapacitated and fully incapacitated persons. Objective factors
should include: the subject’s position at the time of making the decision to
conclude the legal transaction, the good faith of the oeror, the reliability
of the information.
The legislation of most EU states and Ukraine establishes strict
requirements for the submission of information, especially commercial
information and advertising. The bad faith of the oeror’s actions may lead
to misunderstanding of the terms of the legal transaction by the acceptor,
and to contesting his or her consent to conclude the legal transaction.
Some EU states (Belgium, Greece, Italy, Spain, etc.) allow to contest legal
transactions only in case of a signicant mistake.
The main indicator of the eectiveness of the legal regulation of the
declaration of will when concluing the legal transaction is a high-level
protection of the parties to the legal transaction from deception and a small
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CUESTIONES POLÍTICAS
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number of appeals to judicial authorities to contest the legal transaction on
the ground of a defective will.
According to these indicators, the most eective model of legal
regulation of the form of declaration of will is based on the principle of free
choice of the form of declaration of will (Greece, Poland, Czech Republic).
At the same time, these states have strict requirements for contesting legal
transactions and prohib the abuse of rights.
The results of this study can be used to develop proposals for improving
legislation in the eld of regulation of forms of declaration of will when
concluding legal transactions.
Bibliographic References
ADAMOVA, Olena. 2017. “Classication of legal facts according to the voluntary
criterion in the mechanism of legal regulation of marine insurance
relations” In: Scientic and practical conference “Problems of civil law
and process”. KhNUVS. Kharkiv, Ukraine.
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.
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.
BENLI, Erman. 2020. “Making ‘the principle of honesty’ (objective good faith)
measurable and data-driven through the theory of ‘contract with the
eect of third party protection’: an example from European civil law
countries” In: The Lawyer Quarterly. Vol. 10, No. 2, pp. 73-81.
BURGERLIJK WETBOEK VAN BELGIË VANAF. 2019. Available online.
In: https://justitie.belgium.be/nl/bwcc#:~:text=Op%201%20
november%202020%20isopschrift%20’oud%20Burgerlijk%20
Wetboek. Consultation date: 10/5/2022.
BURGERLIJK WETBOEK VAN NEDERLAND VANAF. 1838. Available
online. In: https://wetten.overheid.nl/BWBR0002656/2021-01-01.
Consultation date: 10/5/2022.
CIVIL CODE OF GREECE 1984. No. 2783/1941. Available online. In:
http://5dim-n-irakl.att.sch.gr/documents/AstikosKodikas.pdf.
Consultation date: 10/5/2022.
518
Viktor Savchenko, Nataliia Borsuk, Mykhailo Hrabynskyi, Petro Guyvan y Mykola Rudyk
Factors of Volitional Attributiveness of the Legal Transaction based on International Experience
COD CIVIL AL ROMÂNIEI DIN. 2009. No. 287/2009. Available online. In:
https://legislatie.just.ro/Public/DetaliiDocument/175630. Consultation
date: 10/5/2022.
CODE CIVIL FRANÇAIS. 1804. Available online. In: https://www.legifrance.
gouv.fr/codes/id/LEGITEXT000006070721/. Consultation date:
10/5/2022.
CODICE CIVILE D’ITALIA DA. 1942. No. 262. Available online. In: http://www.
jus.unitn.it/cardozo/obiter_dictum/codciv/Codciv.htm. Consultation
date: 10/5/2022.
CÓDIGO CIVIL DE ESPAÑA. 1889. Available online. In: https://www.boe.
es/buscar/pdf/1889/BOE-A-1889-4763-consolidado.pdf. Consultation
date: 10/5/2022.
DAS BÜRGERLICHE GESETZBUCH DER BUNDESREPUBLIK
DEUTSCHLAND AUS. 1896. Available online. In: https://www.gesetze-
im-internet.de/bgb/. Consultation date: 10/5/2022.
DUDOROV, Olexandr; PYSMENSKYY, Yevhen. 2020. “Sexual sphere: thin line
between freedom and crime” In: The Lawyer Quarterly. Vol. 9, No. 4, pp.
299-318.
EREN, Frank. 2015. Borçlar Hukuku: Genel Hükümler (Law of Obligations:
General Provisions). Yetki. Ankara,Turkey.
ESTADÍSTICAS JUDICIALES DE ESPAÑA. n.d. Available online. In: https://
www.poderjudicial.es/cgpj/es/Temas/Estadistica-Judicial/Base-
de-datos-de-la-estadistica-judicial--PC-AXIS-/. Consultation date:
10/5/2022.
FRANÇOIS, Clément. 2018. Article 1192 du code civil: On ne peut pas interpréter
des clauses claires et précises à peine de dénaturation. Available online.
In: http://denaturer.ovh/article-1192-ducode-civil-on-ne-peut-pas-
interpreter-des-clauses-claires-et-precises-a-peine-de-denaturation/.
Consultation date: 10/5/2022.
GUTTLER, Vojen; MATEJKA, Ján. 2016. “On issues related to certain human
rights and fundamental freedoms in the context of the protection of
biometric data” In: Pruvnik. Vol. 155, No. 12, pp. 1055.
HAIDULIN, Oleksandr. 2021. Interpretation in European contract law:
hermeneutic-civilistic principles. Naukovo-doslidnyi instytut pryvatnoho
prava i pidpryiemnytstva imeni akademika F. H. Burchaka NAPrN
Ukrainy. Kyiv, Ukraine.
519
CUESTIONES POLÍTICAS
Vol. 40 Nº 75 (2022): 498-521
HOUSKA, Daniel. 2019. “Dusk over the European contract law? Cost-benet
assessment: a review.” In: The Lawyer Quarterly. Vol. 9, No. 4, pp. 359-
366.
HULMAK, Milan. 2022. “The consequences of unfair terms in consumer
contracts” In: The Lawyer Quarterly. Vol. 12, No. 1, pp. 53-76.
JUDICIAL POWER OF UKRAINE. n.d. Judicial statistics of Ukraine. Available
online. In: https://court.gov.ua/inshe/sudova_statystyka. Consultation
date: 10/5/2022.
JUDICIAL STATISTICS OF GREECE. n.d. Available online. In: https://www.
ministryofjustice.gr/?page_id=1603. Consultation date: 10/5/2022.
JURIDISCHE STATISTIEKEN VAN NEDERLAND. n.d. Available online. In:
https://www.rechtspraak.nl/. Consultation date: 10/5/2022.
KATALOG ŽIVOTNÍCH SITUACÍ. n.d. Soudní statistika ČR. Available online.
In: https://justice.cz/web/msp/statisticke-udaje-z-oblasti-justice.
Consultation date: 10/5/2022.
KAR, Robin Bradley; RADIN, Margaret Jane. 2019. “Pseudo-Contract and
Shared Meaning Analysis” Harvard Law Review. Vol. 132, No. 4, pp.
1135–1219.
KHARITONOVA, Olena. 2016. Key grounds of gender policy in the criminal
law of Ukraine and main directions of reforms on combating violence
against women and domestic violence: scientic and practical guide.
Humanization of criminal liability and democratization of criminal
justice. Ivano-Frankivsk, Ukraine.
KODEKS CYWILNY RP Z DN. 1964. Available online. In: https://isap.sejm.
gov.pl/isap.nsf/DocDetails.xsp?id=wdu19640160093. Consultation
date: 10/5/2022.
LA DG-STAT. n.d. Statistiche giudiziarie d’Italia. Available online. In: https://
webstat.giustizia.it/SitePages/Studi%20analisi%20e%20ricerche.aspx.
Consultation date: 10/5/2022.
MARAKARKANDY, Bijith; YAJNIK, Nilay; DASGUPTA, Chandan. 2017.
“Enabling internet banking adoption: An empirical examination with
an augmented technology acceptance model (TAM)” In: Journal of
Enterprise Information Management. Vol. 30, No. 2, pp. 263-294.
MARKOVITS, Daniel; ATIQ, Emad. 2021. “Philosophy of Contract Law” In:
The Stanford Encyclopedia of Philosophy. Available online. In: https://
plato.stanford.edu/cgi-bin/encyclopedia/archinfo.cgi?entry=contract-
law. Consultation date: 10/5/2022.
520
Viktor Savchenko, Nataliia Borsuk, Mykhailo Hrabynskyi, Petro Guyvan y Mykola Rudyk
Factors of Volitional Attributiveness of the Legal Transaction based on International Experience
MATEJKA, Ján; GÜTTLER, Vojen. 2018. “Electronic written documents and
biometric options of their signing – problem of evidentiary reliability and
personal data protection” In: The Lawyer Quarterly. Vol. 8, No. 1, pp.
38-50.
MIKŁASZEWICZ, Przemysław. 2019. “Prawo konsumenckie. Komentarz” In:
Komentarze Prawa Prywatnego, Tom VII. Warszawa, Poland.
MIKLITZ, Hans-W.; DOMURATH, Irina. 2015. Consumer debt and Social
Exclusion in Europe. Routledge. London, UK.
OBČANSKÝ ZÁKONÍK ČR ZE DNE. 2012. No. 89/2012. Available online.
In: https://www.zakonyprolidi.cz/cs/2012-89. Consultation date:
10/5/2022.
SAVCHUK, Svitlana; TROFIMOVA, Liudmyla. 2008. “Voluntary attribute of
the deed” In: Naukovyi Visnyk Chernivetskoho Universytetu. Vol. 478,
No. Science of Law, pp. 5-9.
SAVIGNY, Friedrich Carl von. 1840. System des heutigen Römischen Rechts.
Bd. 3. Veit. Available online. In: https://www.deutschestextarchiv.de/
book/show/savigny_system03_1840. Consultation date: 10/5/2022.
SCHULTE-NOLKE, Hans. 2015. “The Brave New World of EU Consumer Law
– Without Consumers, or Even Without Law?” In: Journal of European
Consumer and Market Law. Vol. 4, No. 4, pp. 135–139.
SELUCKA, Markéta; ŘEZNÍCKOVA, Iva; LOUTOCKY, Pavel. 2018. “Specic
questions of consumer protection connected with information duty in
Czech law” In: The Lawyer Quarterly. Vol. 8, No. 4, pp. 469-485.
STATYSTYKA SĄDOWA POLSKI. n.d. Available online. In: https://isws.
ms.gov.pl/. Consultation date: 10/5/2022.
SULIEIMANOVA, Liia; BOHDAN, Yuliia; DELIIA, Oksana; BILOUSOV,
Yevhen; PAVLYUK, Tatiana. 2022. “Formation of social Ukraine’s policy
on the principles of social governance in EU countries” In: Cuestiones
Políticas, Vol. 40, No. 73, pp. 215-232.
SYROVATSKYI, Valerii. 2020. Philosophical and legal content of state coercion
in the temporal and spatial discourse. Lviv, Ukraine.
TARASEVYCH, Tetiana; MELNYK, Yaroslav; MELNYK, Mariіa;
KRUSHELNYTSKA, Hanna; HRYTSENKO, Halyna. 2022. “Problems of
concluding surrogacy agreements: Practice of Ukraine and the EU” In:
Cuestiones Políticas. Vol. 40, No. 73, pp. 71-89.
521
CUESTIONES POLÍTICAS
Vol. 40 Nº 75 (2022): 498-521
TSYGANII, Svitlana; SHYIAN, Dmytro; DIAKUR, Mariia; ARESHONKOV,
Vitalii; HOSPODARENKO, Volodymyr. 2022. “Criminal law
transformation in the context of COVID-19: The experience of the
European Union and Ukraine” In: Cuestiones Políticas. Vol. 40, No. 73,
pp. 52-70.
THE CIVIL CODE OF UKRAINE. 2003. No. 435-IV. Available online. In:
https://zakon.rada.gov.ua/laws/show/435-15#Text. Consultation date:
10/5/2022.
WAGNER, Helmut. 2012. “Is harmonization of legal rules an appropriate
target? Lessons from the global nancial crisis” In: European Journal of
Law and Economics. Vol. 33, No. 3, pp. 549–557.
YOUNGS, Raymond. 2020. English, French and German Comparative Law.
Routledge-Cavendish. London, UK.
ZIVILGESETZBUCH DER SCHWEIZ AB. 1911. Available online. In: https://
www.fedlex.admin.ch/eli/cc/24/233_245_233/de. Consultation date:
10/5/2022.
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