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Titlurile de valoare în formă electronică
Electronic transferable records

Author(s): Sergiu Popovici
Subject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: electronic transferable records; electronic record; transferable document or instrument; negotiable document or instrument; model law; electronic signature; UNCITRAL; functional equivalence; control;

Summary/Abstract: At its fiftieth Commission session, in July 2017, UNCITRAL will have before it a draft model law on electronic transferable records with explanatory notes. Until now, bills of exchange, promissory notes, consignment notes, bills of lading, warehouse receipts or any transferable document or instrument that entitles the bearer or beneficiary to claim the delivery of goods or the payment of a sum of money have been excluded from international instruments on electronic commerce. The purpose of the present paper is to analyze the draft Model Law and the draft Explanatory Notes and the way they aim to provide, in the electronic environment, a functional equivalent for documents such as those mentioned above, as well as to present their compatibility with the Romanian legal system concerning documents or instruments that entitle the bearer or beneficiary to claim the rights mentioned therein, on the one side, and the Romanian business and legal context of electronic commerce, on the other side.

  • Issue Year: 2017
  • Issue No: 03
  • Page Range: 272-284
  • Page Count: 13
  • Language: Romanian