Examples of using Use of data messages in English and their translations into Russian
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Official
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Colloquial
Use of data messages in contract formation.
The view was expressed that the reference to"terminating" the use of data messages was overly general and unclear.
Use of data messages in contract formation 86-92 15.
It was stated that the text as drafted was not limited to the use of data messages for the purpose of transferring any particular right or obligation.
The Working Group noted, however, that the ECE Working Party on Road Transport was currently considering proposals for amending the Convention so as toexpressly allow for the use of data messages in connection with international road carriage.
E-Commerce Defines and regulates access to and use of data messages, e-commerce and digital signatures, establishes certification authorities and contains other provisions.
Another proposal was to link the definition of the scope of application to the types of use of data messages mentioned in draft article 10.
This Convention applies to the use of data messages in connection with an existing or contemplated contract between parties whose places of business are in different States.
The Working Group maintained its working assumption that it should limit itself to dealing with the use of data messages in the context of international commercial contracting.
In any case the situation was covered: if the use of data messages ceased to be valid, and a new data message was subsequently used, it would be invalid under paragraph 3 b.
The opposing view was that the words should be retained,since they served a useful purpose in recalling and clarifying that the use of data messages in contract formation was subject to party autonomy.
Equally, the view that parties needed to agree on the use of data messages would interfere with current practice with regard, for example, to letters of credit and bills of lading.
As between the person subject to the obligation to deliver andthe holder of a right acquired by means of a data message, the use of data messages for this purpose has ceased to be valid; and.
One such example was the positive affirmation that use of data messages in the context of contract formation should not by itself constitute grounds for the invalidity of the contract under draft article 12, paragraph 2.
While there was general agreement within the Working Group on extending the scope of application of the preliminary draft convention beyond the use of data messages for contract formation, several objections were raised to the use of the word"transactions.
Even if it was read as meaning that the use of data messages for transferring a particular right or obligation had been terminated, the paragraph was still unclear as to whether it intended to prevent a data message being used even where the paper document had been surrendered to the issuer.
Support was expressed for the inclusion of the suggested wording to clarify that paragraph(5),while expressly dealing with the situation where the use of data messages was replaced by the use of a paper document, was not intended to exclude the reverse situation.
Furthermore, it was pointed out that practical use of data messages was not confined to the context of contract formation, as data messages were used for the exercise of a variety of rights arising out of the contract(such as notices of receipt of goods, notices of claims for failure to perform or notices of termination) or even for performance, as in the case of electronic fund transfers.
In other words, where data messages are used to effect any such action,no paper document used for the same purpose is valid unless the use of data messages has been terminated and replaced by the use of paper documents. See article 17 5.
Nothing in this paragraph shall affect any right to resume the use of data messages for the purpose of conveying a right or obligation, provided that any paper document previously used for this purpose has first been rendered invalid.
On 18 August 1999 the President of Colombia had signed a law on electronic commerce, based on the UNCITRAL Model Law on Electronic Commerce,that defined and regulated the use of data messages and digital signatures and authorized the use of a certification system.
It would also be better to include in the paragraph the concept of agreement between the sender and recipient of a data message on the use of that method rather than paper,since the sender should not be given the power to impose the use of data messages for legal purposes.
Having considered the various comments that had been made,the Working Group agreed that the definition of the substantive field of application should be revised by focusing on the use of data messages in the context of commercial transactions, as was the case of article 1 of the UNCITRAL Model Law on Electronic Commerce, rather than on“contracts concluded by data messages”.
The draft paragraph ensured that a contracting State would incorporate in its legal system a provision that directed its judicial bodies to use the provisions of the draft convention to address legal issues relating to the use of data messages in the context of those other international conventions.
However, that suggestion was objected to on the grounds that the notion of"legal acts" was unclear in some legal systems andthat it seemed to imply extending the scope of application of the draft convention to the use of data messages in situations that were not contractual in nature, a proposition on which there was no consensus within the Working Group at that time see also A/CN.9/527, para. 78.
The Working Group noted that the draft article had been extensively reformulated since the thirty-ninth session of the Working Group so as toreflect the wish prevailing within the Working Group to limit any substantive provisions to those which were strictly required to facilitate the use of data messages in the formation of international contracts A/CN.9/509, paras. 67-73.
In other words, where data messages are used to effect any such action,no paper document used for the same purpose is valid unless the use of data messages has been terminated, and replaced by the use of paper documents./ See article 17 5.
Paragraphs 1 and2 ensure that a Contracting State would incorporate in its legal system a provision that directs its judicial bodies to use the provisions of the Convention to address legal issues relating to the use of data messages in the context of other international conventions A/CN.9/548, para. 49.
The Working Group proceeded to consider which of the first two sets of language within square brackets(i.e."[any kind of information in the form of data messages that is used]" or"[the use of data messages]") should be used to describe the scope of application of the draft convention.
Where one or more data message is used to effect the actions in paragraph(1)(f) and(g) of this article,no paper document used to effect such actions is valid unless the use of data messages has been terminated and substituted by the use of paper documents.