On the Concept and Legal Nature of the Electronic Form of the Transaction

Abstract

The paper provides evidence of the independence of the electronic form of transactions. One such evidence is the peculiarities of an electronic document, which in the case of an electronic contract is a means of fixing the will of the parties. An electronic document is a set of details with information recorded on an electronic medium of durable use in the form of a digital code. An electronic document can exist in the form of a machine information file of any format or in the form of a computer program that allows contracts to be concluded in cyberspace. An electronic document in the form of a file should be considered an electronic static document. It looks like a traditional document, but its details are recorded with electronic means, not on paper. An electronic document in the form of a computer program should be considered an electronic dynamic hypertext document. It is fundamentally different from the document in the traditional written form, which makes it possible to justify the independence of the electronic form of the transaction, its irreducibility to the usual written form.