Aleksii R. Transactions with vices of the will: the problems of theory and practice.

In the dissertation research the review of domestic and foreign scientific literature was done, related to the reflection of the legal nature of the transactions with vices of the will, as well as the analysis of the historical genesis of this category was carried out. Along with this the views of different scientists in understanding the phenomena that relate to these transactions and reveal their legal nature are given. Also, substantiated proposals for amending and improving the civil law on the legal regulation of the transaction with vices of the will are proposed. The analysis of a vice of the will phenomenon, the presence of which leads to the making of an invalid transaction, is made. It is noted that this term is not researched enough. The comparative and legal analysis of the vice of the will according to the civil law of Ukraine and the law of foreign countries were carried out. The actual problems of transactions with vices of the will classification are researched. The author's own classification of transactions with vices of the will is presented. In the dissertation research the category of the contract freedom abuse is considered. Also the features of this category are shown. It is noted that the freedom of contract is a civil law phenomenon, which has a multifaceted legal nature in the form of norm-principle, subjective law and the element of legal capacity, and it consists in the possibility of a person to enter into different treaties, to choose the parties to the agreement and to participate in determining the terms of the contract within the limits that do not contradict the law and the moral principles of society.