Examples of using Functional equivalence in English and their translations into Chinese
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Article 4 bis. Functional equivalence of all methods of communicating, publishing, exchanging or storing information or documents.
The provisions envisaged are based largely on the UNCITRAL Model Law, which sets out to recognize the functional equivalence between electronic documents and various types of paper documents.
Special provisions were needed to establish functional equivalence between electronic communications and other types of documents.
Functional equivalence of all methods of communicating, publishing, exchanging or storing information or documents.
The Working Group agreed that a rule should be prepared aimed at achieving the functional equivalence of physical delivery of paper-based documents.
It was also agreed that paragraphs 2, 4 and 5 should be revised with a view to accommodating the functional equivalence of both delivery and endorsement in an electronic environment.
It was also suggested that draft articles 10 and 11 should be merged to provide a technology-neutral rule on functional equivalence of" original".
In response, it was stated that the draft provisions should contain a general rule for establishing the functional equivalence of the" writing" requirement in substantive law.
It was said that draft article 21 did not fully capture the functions of presentation, and therefore did not provide an adequate functional equivalence rule on presentation.
It was further explained that presumption rules might be useful in substantive law, but not in a text aimed at achieving functional equivalence.
Another view was that presentation performed a function different from delivery and thus, it was necessary to have a functional equivalence rule.
Functional equivalence meant that no credit provider should enjoy an advantage that would distort competition and hence have an adverse impact on the availability or the cost of credit.
It was suggested that draft article 18 contained a functional equivalence rule and that the related reliability standard should be drafted along the lines of draft article 9.
In doing so, however, they will nonetheless be required to adjust and streamline their technical rules for each transaction so as to promote functional equivalence and thereby to increase efficiency.
It was further indicated that a functional equivalence rule on this matter was needed because draft article 1, paragraph 2, referred the matter to substantive law without providing additional guidance.
As to its structure, there was agreement that draft article 24 should be aligned with other draft articles providing a functional equivalence rule(for example, articles 20 to 22) along the following lines.
Nonetheless, even when States adopt a non-unitary approach, they should design the regime to reflect the functional equivalence principle(see A/CN.9/631, recommendation 184, non-unitary approach).
Should a State adopt the non-unitary approach, the specific pre-default rights and obligations of the parties will have to be spelled out in greater detail in order to achieve functional equivalence.
The sixth paragraph of the Preamble makes reference to two principles that have guided the entire work of UNCITRAL in the area of electronic commerce: technological neutrality and functional equivalence.
Subparagraph 3(b)(i) establishes a" reliability test" with a view to ensuring the correct interpretation of the principle of functional equivalence in respect of electronic signatures.