haku: @journal_id 1441 / yhteensä: 91
viite: 31 / 91
Tekijä: | Toplisek, J. |
Otsikko: | Adjusting technological and legal solutions in electronic commerce |
Lehti: | Organizacija
1996 : VOL. 29:5, p. 291-300 |
Asiasana: | |
Vapaa asiasana: | ELECTRONIC DATA INTERCHANGE, ELECTRONIC MAIL, SLOVENIA, REGULATION |
Kieli: | slv |
Tiivistelmä: | All legal systems are based on paper messaging. They are suspicious about legal enforceability of electronic messages.The key legal solutions giving the electronic message full enforceability are still missing.In this context the most important issue appears to be the electronic signature.The term electronic signature is generally used for all possible forms of electronic signing, while digital signature is usually called for encrypted signature using asymmetric keys.Author throws light upon the fact that handwritten signature is actually not a stable and reliable form.Considering all technological/organisational elements of the electronic signature it is obvious that it has much greater efficiency than a hand-written one. Author concludes that electronic signing will hardly be put forward without assuring the general legal admissibility/enforceability of electronic messages.Legal rules should be programme-benevolent ("electronically-permissive language") and support new ways of businesses.We should eliminate all terms from existing laws which absolutely hinder electronic messaging and retain paper-bound terms only where explicit grounded.A questionnaire-research among Slovenian lawyers in February 1996 indicated that the lawyers are aware of efficiency-opportunities which are arising from electronic commerce.But the research also pointed to the fact that they are not familiar enough with practical forms of electronic commerce and especially not with electronic signing. |
SCIMA