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Electronic Signatures In International Contracts
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Book Synopsis Electronic Signatures in International Contracts by : Carolina M. Laborde
Download or read book Electronic Signatures in International Contracts written by Carolina M. Laborde and published by Peter Lang. This book was released on 2010 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: Originally presented as the author's thesis (doctoral)--Freiburg (Breisgau), Universiteat, 2008.
Book Synopsis Provisions of Electronic Signatures in International Contracts by : Mahmoud Refaat
Download or read book Provisions of Electronic Signatures in International Contracts written by Mahmoud Refaat and published by . This book was released on 2019-05-02 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis E-commerce and the Law of Digital Signatures by : Dennis Campbell
Download or read book E-commerce and the Law of Digital Signatures written by Dennis Campbell and published by . This book was released on 2005 with total page 966 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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
Book Synopsis Electronic Signatures in Law by : Stephen Mason
Download or read book Electronic Signatures in Law written by Stephen Mason and published by Cambridge University Press. This book was released on 2012-01-26 with total page 409 pages. Available in PDF, EPUB and Kindle. Book excerpt: Using case law from multiple jurisdictions, Stephen Mason examines the nature and legal bearing of electronic signatures.
Book Synopsis Promoting Confidence in Electronic Commerce by :
Download or read book Promoting Confidence in Electronic Commerce written by and published by . This book was released on 2009 with total page 114 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The United Nations Convention on the Use of Electronic Communications in International Contracts by : Amelia H. Boss
Download or read book The United Nations Convention on the Use of Electronic Communications in International Contracts written by Amelia H. Boss and published by Kluwer Law International B.V.. This book was released on 2008-01-01 with total page 550 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Online Contract Formation by : N. Stephan Kinsella
Download or read book Online Contract Formation written by N. Stephan Kinsella and published by . This book was released on 2004 with total page 664 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Electronic Signatures in Law by : Stephen Mason
Download or read book Electronic Signatures in Law written by Stephen Mason and published by Cambridge University Press. This book was released on 2012-01-26 with total page 409 pages. Available in PDF, EPUB and Kindle. Book excerpt: Electronic signatures are ubiquitous. Anyone sending an e-mail or using a credit card uses one. They can have a bearing on all areas of law, and no lawyer is immune from having to advise clients about their legal consequences. This third edition provides an exhaustive discussion of what constitutes an electronic signature, the forms an electronic signature can take and the issues relating to evidence, formation of contract and negligence in respect of electronic signatures. Case law from a wide range of common law and civil law jurisdictions is analysed to illustrate how judges have dealt with changes in technology in the past and how the law has adapted in response.
Author :United States. Congress. House. Committee on Commerce. Subcommittee on Telecommunications, Trade, and Consumer Protection Publisher : ISBN 13 : Total Pages :68 pages Book Rating :4.X/5 (5 download)
Book Synopsis The Electronic Signatures in Global and National Commerce Act by : United States. Congress. House. Committee on Commerce. Subcommittee on Telecommunications, Trade, and Consumer Protection
Download or read book The Electronic Signatures in Global and National Commerce Act written by United States. Congress. House. Committee on Commerce. Subcommittee on Telecommunications, Trade, and Consumer Protection and published by . This book was released on 1999 with total page 68 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Every1's Guide to Electronic Contracts by : Charles Martin
Download or read book Every1's Guide to Electronic Contracts written by Charles Martin and published by . This book was released on 2014-01-08 with total page 550 pages. Available in PDF, EPUB and Kindle. Book excerpt: Charles Martin became frustrated with one-sided and confusing contracts offered by companies on websites and in emails. After years of practicing contract law, and of teaching and writing about electronic contracts, he decided to write a book for consumers, employees and businesses about those contracts. Every1's Guide shows consumers and businesses how to protect themselves against unfair contract terms, and against non-compliance with contract and legal and regulatory requirements. It has 400 pages of examples of contract law rules in the context of everyday transactions, business deals, and website, email and text message contracts. It describes contracts that have been enforced by courts, contracts that have not been enforced, and the reasons for those decisions. It includes 700 footnotes of sources for these rules that are available for further research. Every1's Guide includes sample print and electronic contracts, with hyperlinks between the contract text and the legal rules described in the ebook. It includes examples of consumer, business, and international contract disputes, with internal hyperlinks, and with a description of some practical lessons to be learned from these examples. Every1's Guide provides valuable information for consumers, businesses, professionals and students about U.S. contract law rules, including electronic signatures and contracts. It summarizes international commercial contract law rules. It describes the current and emerging law of international electronic contracts and consumer dispute resolution. Some contracts are negotiable. Many are not. If you are offered a negotiable contract, Every1's Guide will help you to understand how to negotiate it. If you are offered a non-negotiable contract, Every1's Guide will show you many of its important terms, and will describe how contract law rules require the presentation, performance and enforcement of contracts to be done fairly and in good faith.
Author :United Nations Commission on International Trade Law Publisher :United Nations Publications ISBN 13 :9789211336535 Total Pages :72 pages Book Rating :4.3/5 (365 download)
Book Synopsis UNCITRAL Model Law on Electronic Signatures with Guide to Enactment, 2001 by : United Nations Commission on International Trade Law
Download or read book UNCITRAL Model Law on Electronic Signatures with Guide to Enactment, 2001 written by United Nations Commission on International Trade Law and published by United Nations Publications. This book was released on 2002 with total page 72 pages. Available in PDF, EPUB and Kindle. Book excerpt: Electronic Commerce in international trade, is fast becoming a means of business communication. Guidelines and laws of operation are becoming a great necessity to ensure security and uniformity. This publication presents the Model Laws with the hope that countries will consider it when enacting or revising their laws on electronic commerce.
Book Synopsis Electronic Signatures for B2B Contracts by : Aashish Srivastava
Download or read book Electronic Signatures for B2B Contracts written by Aashish Srivastava and published by Springer Science & Business Media. This book was released on 2012-08-31 with total page 179 pages. Available in PDF, EPUB and Kindle. Book excerpt: The last few centuries have seen paper-based documents and manuscript signatures dominate the way businesses enter into a contractual relationship with each other. With the advent of Internet, replacing paper-based contracts with B2B electronic contracts is a possibility. However, an appropriate technology and an enabling legislation are crucial for this change to happen. On the technology front this feature has the potential to enable business executives to sit in front of their computer and sign multi-million dollar deals by using their electronic signatures. On the legal front various pieces of legislation have been enacted and policies developed at both national and international levels to give legal recognition to such type of contracts. This book presents the findings of an empirical study on large public listed Australian companies that examined businesses’ perception towards the use of electronic signatures in B2B contracts. Essentially, it identifies six key factors that create a disincentive to businesses to move from the practice of paper- based signatures to the new technology of electronic signatures. This book offers legal practitioners, academics and businesses insights into issues associated with the use of electronic signatures and suggests a number of measures to promote its usage in B2B contracts.
Book Synopsis Law of Electronic Commercial Transactions by : Faye Fangfei Wang
Download or read book Law of Electronic Commercial Transactions written by Faye Fangfei Wang and published by Routledge. This book was released on 2010-01-21 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt: The exponential growth of electronic usage in global commercial transactions has generated potential opportunities in productivity, facilitated the cross-border free movement of goods and service, and stimulated export and import trade as well as domestic sale, but at the same time, it has led to new challenges to existing laws due to the unique characteristics and complexities of online technology, culture and social behaviours. This book compares the legislative frameworks of e-commerce in the EU, US, China and International Organisations. It highlights and analyses the main legal obstacles to the establishment of trust and confidence in doing business online. It provides an in-depth research into finding solutions to remove the barriers to the validity of electronic contracts and signatures, the enforceability of data privacy protection, the determination of Internet jurisdiction and choice of law, as well as the promotion of online dispute resolution. It encourages modernisation and harmonisation of laws concerning electronic commercial transactions through well-balanced area-specific international instruments. Law of Electronic Commercial Transactions will be of great interest to academics, legislative organisations, practitioners and lawyers in the field of international commerce.
Book Synopsis E-contracts. Essentials, variety and legal issues by : Benita Ezeigbo
Download or read book E-contracts. Essentials, variety and legal issues written by Benita Ezeigbo and published by GRIN Verlag. This book was released on 2018-06-22 with total page 30 pages. Available in PDF, EPUB and Kindle. Book excerpt: Academic Paper from the year 2017 in the subject Law - Media, Multimedia Law, Copyright, grade: 75%, , course: Intellectual Property Law, language: English, abstract: The very rapid emergence of industrialization, globalization and technicalities formed a great basis for the growth of technology and the rise of this computer age. Electronic commerce is one of its products seeing that it is a major economic significance of the 21st century. Thus, internet is a new culture that has undoubtedly come to stay and while it remains, changes our own style. The wide range of activities performed with the use of internet has proven to outweigh the old-fashioned way of doing same activities. The creators of computer must not have imagined how super useful their creation stands globally today. The internet has a great deal of impact on business and its practices, local markets will be mostly replaced by global markets. This change will lead to new business models and of course, the birth of E-commerce. One of such E-transactions includes Internet contract, which is E-contract. In conclusion, the paper establishes that in all ramifications, electronic contracts have been positive enough to human living that it is now a do-without in our day to day living. At the same time, its venom cannot be overlooked. Like a wild fire, if appropriate measures are not taken, it will consume even the most advanced of men, and the very literate. Privacy issues are my most dreaded concerns. The authenticity to protect information is so uncertain and yet, so unavoidable in most cases. Laws should be appropriately reformed to suit into the already coming ugly face of electronic contracts and e-commerce in general. Consumer protection should be the springboard to foster these laws as the persons on the other hand will not have much to lose. While determining this, global expansion of technology should not be hampered or subdued as to becoming inaccessible for the common man.
Book Synopsis Selections for Contracts by : Edward Allan Farnsworth
Download or read book Selections for Contracts written by Edward Allan Farnsworth and published by . This book was released on 2010 with total page 564 pages. Available in PDF, EPUB and Kindle. Book excerpt: Suitable for use in combination with any law school contract text or casebook, the 2010 Edition of Selections for Contracts: Statutes, Restatement Second, Forms compiles the major statutes, forms, and other materials affecting contract law. The supplement provides Uniform Commercial Code Articles 1 and 2; the Uniform Electronic Transactions Act; the Electronic Signatures in Global and National Commerce Act; Restatement of the Law, Second, of Contracts; the United Nations Convention on Contracts for the International Sale of Goods; the UNIDROIT Principles of International Commercial Contracts; and selected forms.
Download or read book Selections for Contracts written by and published by . This book was released on 2007 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Suitable for use in combination with any law school contract text or casebook, the 2007 Edition of Selections for Contracts: Statutes, Restatement Second, Forms compiles the major statutes, forms, and other materials affecting contract law. The supplement provides Uniform Commercial Code Articles 1 and 2; the Uniform Electronic Transactions Act; the Electronic Signatures in Global and National Commerce Act; Restatement of the Law, Second, of Contracts; the United Nations Convention on Contracts for the International Sale of Goods; the UNIDROIT Principles of International Commercial Contracts; and selected forms. Highlights of the 2007 Edition include: The presentation of Article 1 of the Uniform Commercial Code has been reorganized inasmuch as more than half of the states have now enacted revised Article 1. Both versions of Article 1 are presented. In each case, though, the presentation is abridged by the elision of provisions not relevant to contract law under the Uniform Commercial Code. As in previous editions, both the current version of Article 2 and the proposed amendments promulgated in 2003 are included. The presentation of the proposed amendments has been clarified by indicating proposed changes from current law by underlines and strikeouts. In addition, recent technical amendments to the text of the proposed amendments have been incorporated. Of course, in light of the failure (to date) of states to enact the proposed amendments, the main educational role served by their inclusion in the materials is to enable ?compare and contrast? discussions rather than to exemplify the current state of the law. Materials on electronic commerce (the Uniform Electronic Transactions Act and the federal ESIGN Act) have been added. The presentation of the UNIDROIT Principles of International Commercial Contracts has been updated to reflect the current version. New section on Selected Contracts and Agreements providing actual contracts from well-known cases, such as Wood v. Lucy, Peevyhouse v. Garland Coal Mining Co., Dalton v. ETS, and Bloor v. Falstaff Brewing Co.
Book Synopsis Modern Law of International Trade by : Ajendra Srivastava
Download or read book Modern Law of International Trade written by Ajendra Srivastava and published by Springer Nature. This book was released on 2020-08-31 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a comprehensive and systematic study of the principal aspects of the modern law of international commercial transactions. Based on diverse sources, including legislative texts, case law, international conventions, and a variety of soft-law instruments, it highlights key topics such as the international sale of goods, international transport, marine insurance, international finance and payments, electronic commerce, international commercial arbitration, standard trade terms, and international harmonization of trade laws. In focusing on the private law aspects of international trade, the book closely analyzes the relevant statutes, case law and the European Union (EU) and international uniform law instruments like the Rome I Regulation, the UN Convention on the Contracts for the International Sale of Goods (CISG), UNCITRAL Model Laws; non-legislative instruments including restatements such as the UNIDROIT Principles on International Commercial Contracts, and rules of business practices codified by the ICC such as the Arbitration Rules, UCP 600 and different versions of the INCOTERMS. The book clearly explains the key concepts and nuances of the subject, offering incisive and vivid analyses of the major issues and developments. It also traces the evolution of the law of international trade and explores the connection between the lex mercatoria and the modern law. Comprehensively examining the issue of international harmonization of trade laws from a variety of perspectives, it provides a detailed account of the work of major players in the field, including UNCITRAL, UNIDROIT, ICC, and the Hague Conference on Private International Law (HCCH). Adopting the comparative law method, this book offers a critical analysis of the laws of two key jurisdictions—India and England—in the context of export trade. In order to stimulate discussion on law reform, it explains the similarities and differences not only between laws of the two countries, but also between the laws of India and England on the one hand, and the uniform law instruments on the other. Given its breadth of coverage, this book is a valuable reference resource not only for students in the fields of law, international trade, and commercial law, but also for researchers, practitioners and policymakers.
