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Uncitral Model Law on electronic commerce (New-York, 28.05.1996 - 14.06.1996, in edition on 01-12 June 1998)

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UNCITRAL MODEL LAW

on electronic commerce


New-York, 28.05.1996 - 14.06.1996


(in edition on 01-12 June 1998)



See the text of the document in Russian



Part one. Electronic commerce in general (Chapters I- III)

Part two. Electronic commerce in specific areas (Chapter I)




PART ONE.

ELECTRONIC COMMERCE IN GENERAL


Chapter I. General provisions (Articles 1-4)

Chapter II. Application of legal requirements to

data messages (Articles 5-10)

Chapter III. Communication of data messages (Articles 11-15)




CHAPTER I. GENERAL PROVISIONS


Article 1. Sphere of application

Article 2. Definitions

Article 3. Interpretation

Article 4. Variation by agreement



Article 1. Sphere of application <*>


This Law <**> applies to any kind of information in the form of a data message used in the context <***> of commercial <****> activities.



Article 2. Definitions


For the purposes of this Law:

a) "Data message" means information generated, sent, received or stored by electronic, optical or similar means including, but not limited to, electronic data interchange (EDI), electronic mail, telegram, telex or telecopy;

b) "Electronic data interchange (EDI)" means the electronic transfer from computer to computer of information using an agreed standard to structure the information;

c) "Originator" of a data message means a person by whom, or on whose behalf, the data message purports to have been sent or generated prior to storage, if any, but it does not include a person acting as an intermediary with respect to that data message;

d) "Addressee" of a data message means a person who is intended by the originator to receive the data message, but does not include a person acting as an intermediary with respect to that data message;

e) "Intermediary", with respect to a particular data message, means a person who, on behalf of another person, sends, receives or stores that data message or provides other services with respect to that data message;

f) "Information system" means a system for generating, sending, receiving, storing or otherwise processing data messages.



Article 3. Interpretation


1) In the interpretation of this Law, regard is to be had to its international origin and to the need to promote uniformity in its application and the observance of good faith.


2) Questions concerning matters governed by this Law which are not expressly settled in it are to be settled in conformity with the general principles on which this Law is based.



Article 4. Variation by agreement


1) As between parties involved

...