Examples of using Transferable record in English and their translations into French
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Official
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Colloquial
rather the person to which the electronic transferable record was in fact issued.
instrument issued in multiple originals would be replaced with an electronic transferable record.
instrument issued in multiple originals should establish control over the resulting electronic transferable record.
information should be accessible so as to be usable for subsequent reference also when contained in an electronic transferable record with no paper-based equivalent.
exclusivity of control over an electronic transferable record would be a logical result achieved through the uniqueness of that record. .
technical step of placing the electronic transferable record under the control of its first holder.
it was agreed that the words"the information contained therein" should replace the words"the information contained in the electronic transferable record" as the meaning was evident.
The use of writing is instrumental in performing several actions that may occur during the life cycle of an electronic transferable record, such as endorsement see below, para. 151.
The requirement of consent to the use of an electronic transferable record is a general one
an electronic transferable record should contain the information required to be contained in a transferable document
It was noted that achieving the notion of uniqueness of an electronic transferable record might be unrealistic in a registry-based system where no unique object might exist, but it might be possible to
it should be noted that an electronic transferable records management system may allow for identification of the person in control of an electronic transferable record for regulatory purposes(e.g., anti-money-laundering) but not for commercial law purposes e.g.,
It was explained that the reference to prevention of unauthorized replication of electronic transferable records was included with the aim of avoiding the circulation of more than one electronic transferable record, which could lead to multiple claims for performance of the same obligation.
nothing in this Law affects the application to an electronic transferable record of any rule of law governing a transferable document
However, paragraph 1 also does not prevent recognition in a jurisdiction enacting the Model Law of an electronic transferable record issued or used in a jurisdiction not allowing the issuance
Further, the reference to the person in control does not exclude the possibility of having more than one person exercising control or of attributing selectively control of one electronic transferable record to multiple entities on the basis of the legal rights attributed to each entity e.g.,
In particular, the possession requirement is met with respect to an electronic transferable record if a reliable method is used to:(a) establish exclusive control of that electronic transferable record by a person; and(b) identify that person
mandating that the electronic transferable record should contain the information“required to be contained in a transferable document or instrument”.
Paragraph 1(a) does not contain any qualifier such as“equivalent”,“corresponding” or“as having the same purpose” given that under that provision an electronic transferable record must indicate the same information as the information required for a transferable document
The inclusion in the electronic transferable record of the information required to be contained in a transferable document or instrument should allow to determine the substantive law applicable to that electronic transferable record e.g., the law applicable to a bill of lading,