Гражданская правосубъектность участников сделок в сети Интернет: понятие и особенности правового регулирования

Abstract

Introduction. Legal personality is a fundamental category in civil law relations and in civil law in general. However, despite the significant place it occupies in the system of law, this category does not have a legal definition. In the paper, the main features inherent in legal personality as a category of law are identified and analyzed; various approaches to the definition and essence of civil legal personality are studied; the distinctive features of the legal personality of individuals participating in transactions on the Internet are identified; conclusions are drawn regarding the place occupied by this category; and the role and importance in the general system of law, as a whole, and in transactions in electronic form, in particular, are determined. Purpose. To compare different approaches to understanding legal personality, to determine the characteristic features inherent in this category, to find the distinctive features of legal personality when making transactions on the Internet, and to identify the specifics in the digital format of transactions. Methods. In the course of the study, the methods of dialectical and formal logic, comparison, analysis, and synthesis are used. Results. Legal personality is a basic institution of civil law and is a legally independent form in which parties in civil law relations are cast. This category has specific, defining features, for example, when transactions are made remotely. Conclusions. As a result of the conducted legal research, it has been revealed that the legal personality of parties to online transactions has distinctive features that make it possible to find out and distinguish such persons from other subjects of civil law relations. The legal regulation of transactions made in electronic form requires a detailed and in-depth study and the adjustment of legal norms.