Electronic Signatures in International Contracts PDF Download

Author: Carolina M. Laborde
Publisher: Peter Lang
ISBN: 9783631595367
Category : Conflict of laws
Languages : en
Pages : 252

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

Author: Mahmoud Refaat
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 0

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Book Description
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.

Author: Dennis Campbell
Publisher:
ISBN:
Category : Business & Economics
Languages : en
Pages : 966

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Book Description
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

Author:
Publisher:
ISBN:
Category : Business & Economics
Languages : en
Pages : 114

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Book Description
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.

Author: Stephen Mason
Publisher: Cambridge University Press
ISBN: 1107012295
Category : Business & Economics
Languages : en
Pages : 409

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

Author: Amelia H. Boss
Publisher: Kluwer Law International B.V.
ISBN: 9041127496
Category : Law
Languages : en
Pages : 550

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Book Description
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.

Author: N. Stephan Kinsella
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 664

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Book Description
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.

Author: Stephen Mason
Publisher: Cambridge University Press
ISBN: 1107378737
Category : Law
Languages : en
Pages : 409

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Book Description
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: Charles Martin
Publisher:
ISBN: 9780989648820
Category :
Languages : en
Pages : 550

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Book Description
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: Aashish Srivastava
Publisher: Springer Science & Business Media
ISBN: 8132207432
Category : Law
Languages : en
Pages : 179

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Book Description
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.