Electronic Signatures in International Contracts

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Peter Lang, 2010 - Law - 247 pages
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Electronic signature legislation seeks to facilitate e-commerce by providing an electronic equivalent to handwritten signatures in paper-based contracts. However, electronic signature legislation enacted in the past years in different jurisdictions has followed a dissimilar approach. In light thereof, this book analyzes the legal validity of electronic signatures in international contracts potentially subject to divergent electronic signature regulation. To this end, four major issues are addressed: the technological and legal concept of electronic signatures; the legal regulation of electronic signatures; the determination of the electronic signature legislation that will be applicable to an international contract; and, finally, the implications of applying one electronic signature law or another. The research covers the laws of Argentina, Germany and the United States of America as well as international conventions.
 

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Contents

Abbreviations
17
B Electronic signatures
25
Conclusions
44
B The different legal approaches
50
Electronic signature legislation
57
Conclusions
64
B Legal framework of electronic signatures in Germany
78
B Argentine Digital Signature Act
86
Conclusions
146
B United Nations Convention on Contracts for the International Sale
150
Convention on the Law Applicable to Contractual Obligations
156
E InterAmerican Convention on the Law Applicable to International
170
H Conclusions
178
B German law
194
US law
200
Conclusions
224

Conclusions
107
Electronic signatures and international contracts
133

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About the author (2010)

The Author: Carolina M. Laborde graduated from law school at the Catholic University of Argentina and obtained an LL.M. degree from the University of Virginia. She has practiced law in Argentina and the United States, is qualified in Argentina and New York, and is an associate member of the Virginia State Bar. In 2005, she joined the IME Graduate School of the University of Karlsruhe (TH) as a doctoral student, with a scholarship from the German Research Foundation (DFG). Her dissertation was presented at the University of Freiburg in 2008.