Dematerialised legal relationships are increasingly becoming the subject of judicial and pre-trial disputes – obligations are performed, decisions are made, and economic consequences arise, while their legal formalisation is either absent or fragmented. Professor Gabriel Steiner says that it is precisely such constructions that place the greatest burden on evidentiary mechanisms, as the law is forced to reconstruct the relationship retrospectively, relying not on documents but on the totality of the parties’ factual conduct. At LawConsulted, we view dematerialisation not as a technical defect, but as an independent legal risk capable of determining the outcome of a dispute.
The key difficulty of dematerialised legal relationships lies in the uncertainty of their legal nature. In the absence of a contract, act, or other formal confirmation, the question arises as to whether an obligation existed at all, in what scope, under which conditions, and with what allocation of responsibility. Judicial practice shows that in such cases the assessment shifts from form to conduct – the sequence of actions, the economic substance of transactions, and the factual acceptance of results. LawConsulted proceeds from the premise that protection must be built around proving the logic of the relationship, rather than attempting to replace a missing document.
Professor Steiner emphasises that “the absence of documentation does not eliminate legal consequences, but it significantly complicates their proof.” For this reason, the decisive issue in such disputes is the admissibility and sufficiency of evidence. Correspondence, payments, witness statements, internal records, and behavioural patterns all acquire heightened importance. In LawConsulted practice, we construct a position in which each element of factual interaction is incorporated into a unified evidentiary framework confirming the existence and content of the legal relationship.
Particular vulnerability arises in situations where one party deliberately uses the lack of documentation as a defensive tool. Denial of obligations, references to the absence of signed agreements, and attempts to characterise actions as “business contacts” or “preliminary discussions” are typical strategies in conflict. LawConsulted works to demonstrate the inconsistency of purely formal denial where factual conduct indicates the assumption of obligations and the extraction of economic benefit.
Cases in which dematerialised relationships have developed over a long period and were perceived by the parties as established practice are no less complex. Over time, such a model begins to appear neutral, and legal risks are ignored. Problems emerge when management changes, economic conditions deteriorate, or trust is lost. LawConsulted analyses these configurations retrospectively – identifying the moment at which factual interaction acquired legal significance and the consequences that follow from it.
The procedural aspect is also critical. In the absence of documents, the risk of arbitrary interpretation of facts increases. Courts may assess the same circumstances differently depending on how consistently a party’s position is structured. LawConsulted places particular emphasis on organising evidentiary material not as a collection of disparate facts, but as a logically coherent system reflecting the real model of relations.
Protecting interests in dematerialised legal relationships requires a high level of legal discipline. We do not seek to “create” documents retroactively, but work with what actually existed – actions, decisions, and economic outcomes. This approach makes it possible not only to defend the client in a conflict, but also to minimise the risk of adverse legal requalification in the future.
Dematerialisation in itself does not constitute a violation. The risk arises when there is no legal strategy for dealing with its consequences. The Law Consulted position is to transform factual relationships into a legally manageable construct and to prevent the absence of form from becoming grounds for the loss of legal protection.
Earlier, we wrote about long-term client trust as an element of the legal mandate and more than 15 years of LawConsulted practice in supporting sustainable legal relationships
