Examples of using Functional equivalent in English and their translations into Arabic
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Colloquial
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Political
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Ecclesiastic
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Ecclesiastic
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Computer
It was added that the notion of" control" as a functional equivalent of the paper-based notion of" possession" could identify only the person entitled to claim performance, but that identification of the object of the performance demanded a functional equivalent of the paper-based notion of" original".
In addition, it was noted that financial leases needed to be defined so as to cover those that created a security right or the functional equivalent of a security right, but not other leases.
For example, where a document carried the signature of the originator and was subsequently endorsed by a third party, article 6 did not expressly provide a functional equivalent for the endorsement.
In the area of electronic commerce, certain principles of Malaysia ' s Electronic Commerce Act 2006, such as the concepts of" writing" and" original", followed the" functional equivalent approach" of the UNCITRAL Model Law on Electronic Commerce.
(b) Even if the rules effectuating those principles and objectives in the context of acquisition financing rights differ from those applicable to security rights, the rules should produce results that are the functional equivalent of results obtained in the context of security rights; and.
Without this functional equivalent of originality, the sale of goods using electronic commerce would be hampered since the issuers of such documents would be required to retransmit their electronic communication each
During the discussion, the following issues were raised:(i) whether partial performance by the obligor could be effected as partial termination or amendment of the record, or rather through the termination of the existing record and the issuance of a new record; and(ii) whether there was the need to replicate the functional equivalent of annotations indicating termination in a paper-based document.
It was suggested that it might be justified to deal with electronic signatures offering a high degree of reliability only if the Uniform Rules were to provide a functional equivalent to specific uses of handwritten signatures(e.g., deeds under seal, signatures certified by witnesses, and other types of certified signatures).
since delivery was necessary for transferring possession of negotiable instruments and documents of title and of the rights embodied therein, defining a functional equivalent to the notion of possession would permit effective transfer of electronic transferable documents and the rights they represented.
The question arose, for example, as to whether contracts concluded in writing prior to the entry into force of the Model Law would be affected by its provisions, and whether the functional equivalent of" writing" provided for under the Model Law would prevail or whether the original contract would subsist.
The" functional equivalent approach" is based on an analysis of the purposes and functions of the traditional paper-based requirement with a view to determining how those purposes or functions can be fulfilled through electronic-commerce techniques(see Guide to Enactment of the UNCITRAL Model Law on Electronic Commerce, paras. 15-18).
the question arose whether that electronic transferable record could be considered the functional equivalent of a paper-based transferable document or instrument to bearer.
For example, the Convention does not attempt to create a functional equivalent of existing storage requirements, because record storage requirements often serve administrative and regulatory objectives in connection with matters not directly related to the formation or performance of private contracts(such as taxation, monetary regulation, or customs controls).
The view was also expressed that clarification might be required as to how the functional equivalent of a" duly authenticated original award" or a" duly certified copy" under article IV(1)(a) of the New York Convention would be provided under the draft convention.
It was explained that the functional equivalent of the paper-based notion of original was of limited practical use with respect to the use of electronic transferable records since all related legal needs could be satisfied by establishing the functional equivalents of the paper-based notions of authenticity, uniqueness, and integrity, which were addressed, respectively, in draft articles 9, 13 and 14.
It adopts what is called the“functional equivalent approach” by setting out the basic conditions which a data message must fulfil
Based on the view that the use of the verb“signed” was, in some countries, inappropriate in the context of data messages, it was suggested that the functional equivalent of the word should be assumed in the discussion, except where the context indicated a handwritten signature.
The court moved from consideration of the Electronic Commerce Act(2000), according to which an" electronic data message" or an" electronic document" can be considered the functional equivalent of a written document for evidentiary purposes. First, the Court noted that the term" international origin" under sec. 37 RA No. 8792 referred to the UNCITRAL Model Law on Electronic Commerce(MLEC) and the definition of" data message" provided under the Model Law.
Various technical means are available to certify the contents of a data message to confirm its ' originality '. Without this functional equivalent of originality, the sale of goods using EDI would be hampered by requiring the issuers of such documents to retransmit their data message each and every time the goods are sold, or forcing the parties to use paper documents to supplement the EDI transaction.".
Chapter II contained central provisions of the Model Law and sought to determine the functional equivalent of concepts such as" writing"," signature" and" original".