CIVIL LAW AND PROCEDURE

The use of modern information (digital) technologies to confirm the conclusion of contracts

Abstract

 The issue of the extent to which Kazakh law allows the use of modern information (digital) technologies to confirm the conclusion and execution of contracts is discussed in this article. The author argues that: (i) the admissibility of an electronic form for written contracts allows the use of any electronic digital technology to express the will of any person to enter into the contract and to. Execute the transaction itself; (ii) use of mobile applications for many civil-law contracts represents a method recognized globally and within developed legal orders; (iii) Kazakhstani legislation does not create obstacles to the use of such innovative ways of formalizing contractual relations between individuals, and (iv) it seems most preferable to exclude mandatory use of an electronic digital signature when using an electronic form of a contract and leave the decision on its use in each specific case to the free discretion of the parties of the relevant transaction.