Article
Dr Dominik Gassen, Bundesnotarkammer illustrates the role of the notary in Germany in respect of providing for the authenticity of documents in digital format.
Comments About the Brazilian Supreme Court Electronic Signature Case Law
Introduction. STF, AgR RMS 24.257-DF (2002). STF, AI 564.765-RJ (2006). Law n. 11.280 of February, 16th, 2006. Conclusion.
Contemporary Enactment of the Electronic Signature in the Czech Republic
Professor Smejkal describes the enactment of the Electronic Signature Act in the Czech Republic.
Electronic Disclosure In England & Wales
Janet Lambert provides an up-date of the amended Guidelines of the Commercial Court in relation to e-disclosure.
Electronic signatures and court proceedings in Brazil
Professor Rohrmann provides an outline of the law on electronic signatures in Brazil and considers how electronic signatures are used by the courts.
Electronically Signed Documents: Legal Requirements and Measures for Their Long-Term Conservation
Stefanie Fischer-Dieskau and Daniel Wilke consider the long term issues relating to the archiving of documents in digital format.
Implementation of Public e-Services for Immovable Property Contracts in Lithuania
Darius Stitilis, Rimantas Petrauskas and Irmantas Rotomskis set out the current developments taking place in Lithuania respecting electronic conveyancing.
Lexecute: Visualisation and Representation of Legal Procedures
Jörn Freiheit, Marc Luuk, Susanne Münch, Grozdana Sijanski and Fabrice Zangl set out the work they have undertaken for the eJustice programme of the EU and how legal procedures can be captured in digital format.
Risk and law in authentication
Dr Schapper, Dr Rivolta and Mr Malta consider the methods used to signify intend in e-commerce and considers some of the risks.
Submission of Evidence Through Digital Documents in Swiss Civil Litigation
Christoph Gasser and Stefanie Peters set out the present position in Switzerland relating to the admission of digital evidence in legal proceedings.
The Electronic Prescription of Medication in a Netherlands Hospital
Simone van Esch considers the legal implications and practical problems with introducing digital signatures in a hospital.
The Electronic Signature Law in Vietnam: A Note
Nguyen D. Linh provides a summary of the main provisions of the recent electronic signature act passed in Vietnam.
The Evidential Value of the Data-Message in Iran
Dr Ahad Gholizadeh outlines the present position in relation to the admission of digital evidence into courts in Iran.
The Italian Certified E-mail System
Roberta Falciai and Laura Liberati provide a guide to the recent certified e-mail system introduced in Italy.
Nicholas Bohm takes a careful look at precisely what a person is signing when they purport to sign a digital document.
Case Note
Brazil: RMS 24257 AgR /DF Interlocutory Appeal Relating to Writ of Mandamus
Only the petition signed with a manuscript signature by the attorney at law is recognized as valid. Precedents.
Brazil: AI 564765 RJ - Rio De Janeiro
Procedural act. Appeal. Electronic signature. The need for regulating its use for judicial safeguard. 1. Taken into consideration the judgment given by Supremo Tribunal Federal as to the fact that only a petition signed with a manuscript signature previously by an attorney at law is recognized as valid. Precedents. 2. As to the cited document, it is not a digital certificate nor a printed version of a digital document protected by a digital certificate; it is a mere electronic signature witho...
Brazil: RMS-AgR-ED 24257 DF (Distrito Federal Interlocutory Appeal Relating to Writ of Mandamus)
It is not possible to discuss a substantive matter again when requesting a clarification regarding a decision using the reason of a material error. A digitalized signature is not a hand written signature. It will be admitted in procedural documents only after its acceptance into law. It has been ascertained that a material error relating to the acceptance into law of the recent statute which admitted an e-mail into Court filings is not enough to alter the Court's decision in any way. Appeal d...
Qualified electronic signature. Civil procedure. Filing Statement of Claim electronically. Signature certificate limit of value. Validity of signature certificate limit in connection with value of legal action.
Greece: Case Name 1327/2001 - Payment Order
Personal computers. Meaning of electronic document. Evidential weight. The legislator has determined that it is the equivalent of a private (manuscript) document. Prerequisites of an e-mail function, according to common experience.
Greece: Court Decision No. 3279/2004 [3279/2004 (StE 3279/2004)]
State procurement. According to article 18 paragraph 3 of the Presidential Decree 394/1996, it must be proved that the statutory declaration, which is directed to a Public Authority and refers to procurement of public interest, arises from the person that makes it and binds this legal person, if the declaration that carries the signature or an indication by a mechanic means, such as a seal or stamp, and if this is allowed by the law of the seat of the foreign legal person, is not valid. Submi...
The plaintiff, a Swiss company, entered into an agreement for the sale of Thai parboiled rice under a F.O.B. contract with the Thaimapans, a group of Thai suppliers. Both parties communicated with each other regarding the transaction through the exchange of telexes. Woodhouse agreed to receive the parboiled rice at the Bangkok Port where Thaimapans' office was located. Apparently, Thaimapans breached the sales contract by refusing to deliver the goods once Woodhouse's vessel arrived at the Ba...
