Skydanov K. The will and the declaration of will in transaction

The thesis is dedicated to the study of categories of will and will expression in a transaction. The study reveals the notions and essence of the category of transaction, will and will expression; their place in the theory of civil law has been identified. Specific features and direction of will and will expression in transactions, their ratio and meaning have been determined. We have identified the necessity to differentiate a motive, aim and reason for transaction to establish real will of a person during its commitment. We have defined the systems of a lack of will and will expression of the persons during commitment of transactions and provided comparative legal characteristics. Dependence of will formation and will expression from the transaction subject content has been revealed, analysis of transaction subjects has been conducted, appropriate classification of such transactions has been offered. The ratio of fraud and fault, fraud and deceit, threat and violence has been established, the essence of each abovementioned notions has been revealed. Legal consequences of transactions committed with a lack of will and will expression and considering them invalid. Great attention has been paid to an analysis of judicial practice, about considering transactions with a lack of will and will expression invalid, main problems and disadvantages arising during considering the case in the court have been found out, and ways of it solution have been offered. Scientific conclusions and offers with regard to elimination of gaps and other faults in the civil and legal regulation of invalidity of transactions related to will and will expression have been formed.