Electronic Signatures in International Contracts

Electronic Signatures in International Contracts
Title Electronic Signatures in International Contracts PDF eBook
Author Carolina M. Laborde
Publisher Peter Lang
Total Pages 252
Release 2010
Genre Conflict of laws
ISBN 9783631595367

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Originally presented as the author's thesis (doctoral)--Freiburg (Breisgau), Universiteat, 2008.

Provisions of Electronic Signatures in International Contracts

Provisions of Electronic Signatures in International Contracts
Title Provisions of Electronic Signatures in International Contracts PDF eBook
Author Mahmoud Refaat
Publisher
Total Pages 0
Release 2019-05-02
Genre Law
ISBN

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The purpose of this chapter is to put the concept of the signature into a broad legal context; to set out the purposes that can be attributed to a signature and to explain the functions a signature is capable of performing. In order to appreciate what constitutes an electronic signature, it is helpful to understand the function a signature performs and how judges have responded to changes in technology over the generations. It is for this reason that this chapter sets out a brief history of how judges have responded to changes in technology and the different methods that have been used to indicate how a signature can be made manifest. The function a signature performs remains as valid in the electronic age as when the use of an impression of a seal was considered to be the best means of authentication before the advent of widespread literacy, although seals, as with all other forms of evidence, were forged.1 It should be noted that many of the cases discussed in this chapter pertain to statutes that have since been changed or overturned. However, this does not negate the difficulties that lawyers and judges experienced during the trial. Applying legal principles to new technological forms As in the majority of these instances, Judges, for example, applied the fundamental legal principles to the facts of the case. Putting technology aside because it has no bearing on the situation principles of law. The fact that judges and lawyers have had to deal with new technologies is not surprising is hardly unusual, and implying that judges are grappling with technological development is a stretch.

E-commerce and the Law of Digital Signatures

E-commerce and the Law of Digital Signatures
Title E-commerce and the Law of Digital Signatures PDF eBook
Author Dennis Campbell
Publisher
Total Pages 966
Release 2005
Genre Business & Economics
ISBN

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In the past six years, more than 55 countries have begun adopting UNCITRAL's (United National Commission on International Trade Law) Model Laws of 1999 and 2001 regarding the use and validity of e-signatures. Dozens of pieces of legislation and legislative proposals now exist around the world on the subject of e-signatures. While the model laws may look the same on paper, in practice they can vary widely. Finally, you can be certain that your clients are in compliance when using digital signatures. The Center for International Legal Studies, in cooperation with UNCITRAL, has gathered experts in over 25 jurisdictions to analyze the impact of these standards in their respective domestic e-commerce regimes. These experts show how the Model Laws are actually implemented today in each of these countries. Now you can have on-the-ground feedback about how UNCITRAL's Uniform Rules on Electronic Signatures, the Model Law on Electronic Commerce 1996, and the Model Law on Electronic Signatures 2001 are being implemented. A must have reference for: - Any lawyer working on a business transaction or contract using the Internet to exchange forms - Government Lawyers - Intellectual Property Lawyers Topics covered include: - Application and enforceability of electronic transactions - Defining key terms, including 'writing, ' 'signature, ' and 'original' documents - Legal recognition of data messages - Formation of contracts - Attribution of data messages - Retention of data messages - Trustworthiness of e-signature - Electronic Commerce Analyzes the global impact of: - UNCITRAL's Uniform Rules on Electronic Signatures - Model Law on Electronic Commerce 1996 - Model Law on Electronic Signatures 2001

Promoting Confidence in Electronic Commerce

Promoting Confidence in Electronic Commerce
Title Promoting Confidence in Electronic Commerce PDF eBook
Author
Publisher
Total Pages 114
Release 2009
Genre Business & Economics
ISBN

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This publication analyses the main legal issues arising out of the use of electronic signatures and authentication methods in international transactions. It provides an overview of methods used for electronic signature and authentication and their legal treatment in various jurisdictions. The study considers the use of these methods in international transactions and identifies the main legal issues related to cross-border recognition of such methods, with a special attention to international use of digital signatures under a Public Key Infrastructure.

Electronic Signatures in Law

Electronic Signatures in Law
Title Electronic Signatures in Law PDF eBook
Author Stephen Mason
Publisher Cambridge University Press
Total Pages 409
Release 2012-01-26
Genre Business & Economics
ISBN 1107012295

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Using case law from multiple jurisdictions, Stephen Mason examines the nature and legal bearing of electronic signatures.

The United Nations Convention on the Use of Electronic Communications in International Contracts

The United Nations Convention on the Use of Electronic Communications in International Contracts
Title The United Nations Convention on the Use of Electronic Communications in International Contracts PDF eBook
Author Amelia H. Boss
Publisher Kluwer Law International B.V.
Total Pages 550
Release 2008-01-01
Genre Law
ISBN 9041127496

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Error in electronic communications; and problems of identity and data integrity. Several authors provide in-depth analysis of the interaction between ECC provisions and other relevant legal regimes (including the United States, ASEAN, the EU, Sri Lanka, India, and China), as well as the interrelations between the ECC and ICC rules, rules under the CISG, and the trade usages of the lex mercatoria. The various contributors highlight issues arising from each ECC provision, and provide well-informed insight into how remaining problems are likely to be resolved as the Convention enters into force. Stakeholders from all concerned sectors of the legal community businesspersons and their counsel, IGO and government officials, and academics will benefit greatly from the detailed information, analysis, and guidance offered here.

Online Contract Formation

Online Contract Formation
Title Online Contract Formation PDF eBook
Author N. Stephan Kinsella
Publisher
Total Pages 664
Release 2004
Genre Law
ISBN

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This unique one-volume monograph offers commentary on the contract law of twenty key jurisdictions as it applies to online business. The text provides legal counsel and businesspeople with practical information about electronic transactions and contract formation, as well as a description of the country's general legal framework and an overview of the country's scheme of online business regulation. Features in-depth analysis of key practice issues - General principles of contract law - E-commerce legislation in force - Electronic transactions - Effective formation of online contracts (e-contracts) - When and how an offer is made to create an online contract - When and where an online contract is formed - Shrinkwrap and clickwrap issues - Digital signatures - Evidentiary issues - "Self-help" issues - Special provisions to include in online contracts - Legislation governing online contracts In addition to the country coverage, Online Contract Formation includes a wealth of supplementary material: sample agreements and forms, topical contract-related commentary, and source documents. Sample Forms/Agreements, including: - Checklist including tips on how to make your online agreement more enforceable - Sample click-through agreement for purchasing goods over the Internet - Sample clauses for arbitration agreements with respect to both consumer and commercial transactions - Sample terms and conditions for a website - Website development agreement - Links agreement Sample commentary, including: - Glossary of online business terms - Jurisdictional Issues in International E-Commerce Contracts - Effective Formation of Contracts by Electronic Means, and Dispute Resolution in the New E-conomy: Still More Questions than Answers Key sources/documents include: - (US) Electronic Signatures Act (ESIGA) - Uniform Electronic Commerce Act (Canada) - Canada's Uniform Law Conference of Canada Uniform Electronic Commerce Act - UNCITRAL Draft Uniform Rules on Electronic Signatures.