Examples of using Paper-based environment 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
the solution for online transactions should not be different from the solution used for equivalent situations in a paper-based environment.
Mr. Estrella Faria(Secretariat) said that similar procedures had long been in place in the paper-based environment and, to his knowledge, no legal provisions specifically addressed such situations.
In particular, proposals were made based on a functional approach, thus encompassing instruments that did not necessarily exist in the paper-based environment but would achieve similar functions, such as to evidence a right to claim performance of obligation and to allow for the transfer of rights with the transfer of the electronic record.
One such point was that there was a perception among practitioners that the issue of incorporation by reference was more complex in EDI than in a paper-based environment, for example because the number of communications involved was larger and terms incorporated by reference might
In response, it was reiterated that whether control of an electronic transferable record was legitimate or not was a matter of substantive law and that the Working Group had understood control to be" factual", so as to achieve the functional equivalence of" factual or physical" possession in a paper-based environment.
Or any other requirement implying physical presence or a paper-based environment may be met by the use of electronic, optical or comparable means[, including, but not limited to, electronic data interchange(EDI), electronic mail, telegram, telex or telecopy], provided that the enacting State or procuring entity is satisfied that such use.
That is why the Model Law adopted a flexible standard, taking into account the various layers of existing requirements in a paper-based environment: when adopting the“functional-equivalent” approach, attention was given to the existing hierarchy of form requirements, which provides distinct levels of reliability, traceability and unalterability with respect to paper-based documents.
The Working Group took note of those views and was mindful of the conceptual difficulties related to the notion of“automated computer system”, as used in the draft article, and of the need to avoid formulating rules on errors in an electronic environment that departed from the rules that applied in corresponding situations in a paper-based environment.
In a paper-based environment, advertisements in newspapers, radio and television, catalogues, brochures, price lists or other means not addressed to one or more specific persons, but generally accessible to the public, are regarded as invitations to submit offers(according to some legal writers, even in those cases where they are directed to a specific group of customers), since in such cases the intention to be bound is considered to be lacking.
This was also in keeping with the fact that, in a paper-based environment, signatures may be signs of identity
Therefore, these laws may create uncertainty in the electronic environment because they may not have the same legal effect as that seen in the traditional paper-based environment.
It was stated that such an interpretation would be unacceptable in view of the fact that such freedom of contract did not exist in a paper-based environment.
After discussion, the Working Group agreed that rules on control should aim at establishing the functional equivalence of possession in the paper-based environment by effectively identifying the holder entitled to performance.
It was stated that, in a paper-based environment, where a transmission was only valid if it was in writing, the date that it was put into writing was important.
Caution should also be exercised not to impose higher security measures than otherwise would be applicable in paper-based environment since these measures can discourage the participation of suppliers
In the paper-based environment, this usually is achieved through the procuring entity ' s written confirmation on a paper that the tender has been received with a stamp indicating day, time and place of receipt.
One view was that they should be excluded as the mandate of the Working Group was limited to transposing what existed in the paper-based environment into an electronic environment
These will allow the creation of trade documents in PDF format on the basis of the XML files, and vice versa and aims to replace the paper-based environment with electronic records, including electronic signatures and payment operations.
In response, it was noted that while national laws contained a wide range of formal prescriptions for endorsement in a paper-based environment, the draft article aimed to achieve functional equivalence of the notion of endorsement regardless of those requirements.
It was indicated that the definition of" issuance" contained in draft article 3 did not establish a functional equivalence of the notion of" issuance" in the paper-based environment as it merely referred to draft articles 14 and 17.