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L'encadrement juridique de "Documents Transférables Électroniques"

Abstract : The interest of this research is to study in general, the electronic communications in an international context, and then to focus on the ongoing challenges that occur on the field of "electronic transferable documents"; for this we shall perceive the methods that have been adopted for the purpose of using such documents, in order to prevent eventual technological deficiencies, identifying and filling the legal gaps revealed throughout our study of these new challenges.Therefore we shall comprehend and defy the legal boundaries, in order to create, use and transfer "electronic transferable documents". It is a pre-requisite to clearly identify the subject of this study, which is the term 'electronic transferable record, a concept created by UNCITRAL, which refers generally to ' Electronic equivalent of a transferable record (negotiable or non-negotiable) or a document of a legal right.We shall identify the three following main topics:I.The protection of personal data and privacy has been subject to several legislative reforms. The most recent one is the European Regulation 2016/679 dated April 27th, 2016. This reform aims to promote the use of the IT (Information Technology) tools, while granting the appropriate protection to the personal data. These electronic records are managed by qualified services providers.II. Requirement for uniqueness of the record ("Guarantee of uniqueness")The guarantee of the uniqueness of the document is to ensure that there is only one possible holder and owner of that document, as in the case of paper document, and that any copy is clearly identifiable as such. As a result of an unauthorized reproduction of any electronic transferable record, any such holder or beneficiary shall have the right to request delivery of goods or the payment of a certain sum of money; thus the need to insure the uniqueness of these electronic records.III.The possession of an electronic transferable record.In addition to the above, the need to identify a functional equivalent approach to satisfy the requirement of possession in the case of electronic transferable document, which is a major challenge.IV.Concept of control and identification of the holderIn most legal models governing electronic transferable records, the definition of "control" of an electronic document is used as a functional equivalent to possession. That is, the person who controls the electronic transferable record is deemed to be the holder and the one entitled to use it.
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Submitted on : Tuesday, December 4, 2018 - 2:17:06 PM
Last modification on : Thursday, September 16, 2021 - 9:30:02 AM


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  • HAL Id : tel-01944114, version 1


Nabil Gamal Eldine. L'encadrement juridique de "Documents Transférables Électroniques". Droit. Université Montpellier, 2017. Français. ⟨NNT : 2017MONTD044⟩. ⟨tel-01944114⟩



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