-
(i)
furnishing the marks, number, quantity or weight of
goods;
(ii) stating
or declaring the nature or value of goods;
(iii) issuing
a receipt for goods;
(iv)
confirming that goods have been
loaded;
-
(i) notifying
a person of terms and conditions of the contract;
(ii) giving
instructions to a carrier;
-
(i) claiming
delivery of goods;
(ii)
authorizing release of goods;
(iii) giving
notice of loss of, or damage to,
goods;
-
giving any
other notice or statement in connection with the
performance of the contract;
-
undertaking
to deliver goods to a named person or a person
authorized to claim delivery;
-
granting,
acquiring, renouncing, surrendering, transferring or
negotiating rights in goods;
-
acquiring or
transferring rights and obligations under the
contract.
Article 17. Transport
documents
-
Subject to
paragraph (3), where the law requires that any action
referred to in article 16 be carried out in writing or by
using a paper document, that requirement is met if the
action is carried out by using one or more data
messages.
-
Paragraph (1)
applies whether the requirement therein is in the form of an
obligation or whether the law simply provides consequences
for failing either to carry out the action in writing or to
use a paper document.
- If a right is to be granted
to, or an obligation is to be acquired by, one person and no
other person, and if the law requires that, in order to
effect this, the right or obligation must be conveyed to
that person by the transfer, or use of, a paper document,
that requirement is
met if the right
or obligation is conveyed by using one or more data
messages, provided that a reliable method is used to render
such data message or messages unique.
-
For the purposes
of paragraph (3), the standard of reliability required shall
be assessed in the light of the purpose for which the right
or obligation was conveyed and in the light of all the
circumstances, including any relevant agreement.
-
Where one or more
data messages are used to effect any action in subparagraphs
(f) and (g) of article (16), no paper document used to
effect any such action is valid unless the use of data
messages has been terminated and replaced by the use of
paper documents. A paper document issued in these
circumstances shall contain a statement of such termination.
The replacement of data messages by paper documents shall
not affect the rights or obligations of the parties
involved.
-
If a rule of law
is compulsorily applicable to a contract of carriage of
goods which is in, or is evidenced by, a paper document,
that rule shall not be inapplicable to such a contract of
carriage of goods which is evidenced by one or more data
messages by reason of the fact that the contract is
evidenced by such data message or messages instead of by a
paper document.
-
The provisions of
this article do not apply to the following: [...].
The following table
indicates new article numbers assigned to the provisions of
the UNCITRAL Model Law on Electronic Commerce upon adoption by
the Commission and the articles as they were presented in the
draft Model Law on Legal Aspects of Electronic Data
Interchange (EDI) and Related Means of Communication before
the Commission.
|
Error!
Bookmark not defined.Number of article in Model
Law |
Number of
draft article before the Commission |
Number of
article in Model Law |
Number of
draft article before the Commission |
|
1 |
1 |
11 |
13 |
|
2 |
2 |
12 |
new 13bis |
|
3 |
3 |
13 |
11 |
|
4 |
10 |
14 (1) to (4) |
12 (1) to
(4) |
|
5 |
4 |
14 (5) and
(6) |
12 (5) |
|
6 (1) and (2) |
5(1) |
14(7) |
new |
|
6(3) |
5(2) |
15 |
14 |
|
7(1) and (2) |
6(1) |
16 |
X(1) |
|
7(3) |
6(2) |
17(1) and (2) |
X(2) |
|
8(1) and (2) |
7(1) |
17(3) |
X(4) |
|
8(3) |
7(2) |
17(4) |
X(5) |
|
8(4) |
7(3) |
17(5) |
X(3) |
|
9 |
8 |
17(6) |
X(6) |
|
10 |
9 |
17(7) |
X(7) |
|
