Abstract
The paper is focused on the phenomenon of silence in private law. The authors analyze the application of the rules on silence by foreign courts and provide the classification of cases in which juristic consequences are attributed to silence. The analysis of explanations of juristic qualification of silence in German doctrine of transaction is also given. The theory of normative expression of will, the theory of breach of “duty” to take reasonable care for another’s safety and the “visibility of law” theory are discussed in relation to silence. Keywords: transaction; silence; tacit expression of will; normative expression of will; “visibility of law”; Manigk; Canaris.
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