STATUS AND PROSPECTS OF CONTRACTUAL RELATIONS RESEARCH

Authors

DOI:

https://doi.org/10.33216/2218-5461/2024-47-1-161-180

Abstract

The purpose of the article is the research and
identification, based on the analysis of scientific works
of Ukrainian lawyers, of current areas of scientific
research on contractual relations, their
systematization by subject, identification of the most
important aspects for research, proposal of new areas
of scientific research on contractual relations, taking
into account modern socio-economic realities and the
level of development of scientific and technical
progress. Research methods. During the conduct of
this study, the method of analysis was applied, with the
help of which the main groups of scientific works were
determined and systematized with the help of other
methods. The method of comparison made it possible
to single out the required works and their content
among the entire array of legal studies. The systemstructural
method also contributed to the formation of
a coherent system of directions of scientific research
and actual scientific works in the field of contract law.
The application of comparative-legal and historicallegal
methods made it possible to expand the worldview and offer a way to a qualitatively new level
of scientific research of contractual relations in the
near future. Conclusions and suggestions. On the
basis of the conducted analysis, the relevant directions
of scientific research of contractual relations were
identified and systematized: I. Research of general
theoretical provisions on contracts and business
contracts; II. Research of the state of ensuring the
principle of freedom of contract; III. Research of the
peculiarities of business contracts, which differ in the
methods of conclusion; IV. Research of the general
provisions on the essential terms of the contract; V.
Direct research of individual essential terms of the
contract: - research of the subject of the contract; -
research of the object of the contract; - research on
the formation and determination of the price of the
contract; - research of the term of the contract; VI.
Research of relations arising from "property"
contracts - contracts for ownership, use and disposal
of property, its management, provision of property or
property rights for rent, finance leasing, concession;
VII. Research of contracts concluded in the field of
transport; VIII. Research of shareholders’ and
corporate agreements; IX. Research of investment
contracts; X. Research of agreements on joint
economic activity (agreements of a simple
partnership); XI. Research of contracts concluded in
the field of agro-industrial complex; XII. Research of
healthcare contracts; XIII. Research of service
agreements, contracts in the field of economic and
commercial activity and other contracts in the field of
entrepreneurial activity; XIV. Research of electronic contracts and related digital contracts, smart contracts, "e-contracts". A conclusion was made about the progressiveness of the research of relations between the participants of electronic contracts and related digital contracts, smart contracts, "econtracts", the wide use of which in the field of business will contribute to saving time, financial and material resources.

Keywords: business contract, principle of freedom of contract, essential terms of the contract, subject of the contract, price of the contract, "property" contract, transport contract, corporate contract, electronic contract, smart contract, "econtract".

Author Biography

S. Myroslavskyi

Кандидат юридичних наук, доцент, доцент кафедри права та публічного управління Сумського державного педагогічного університету імені А.С. Макаренка, м. Суми, Україна

Published

09.03.2024

Issue

Section

Статті