Использование личных доказательств при доказывании воли сторон договора

Abstract

The article discusses the problem of using personal evidence to prove the will of the parties to the contract. The author analyzes the positions of legal scholars on this issue, as well as judicial practice. The analysis reveals the lack of a unified approach in judicial practice on the use of certain types of evidence, and therefore the author puts forward his own vision of the problem. In addition, the issues of invalidity of transactions with a will defect (imaginary, fake transactions, transactions made by a person who is unable to understand the significance of his actions and direct them) are raised. Separately, the author raises the issue of the permissibility of using postmortem forensic psychiatric examination.