Court Authority Standards Of Hearing Disputes Arising From Transferring Electronic Transport Record In Syrian Law


Abstract in English

Transferring of electronic transport records is characterized by activating its functional equivalent provided by UNCITRAL model law on electronic commerce, but some issues may appear related to the burden of proof primarly and finding supplementary rules to govern legal institutions developed by the various rules which organize the electronic transferring steps which was adopted by the Syrian Maritime trade law , which expanded the explanatory authority of the trial courts and courts of law hearing the cases to develop the optimum theories of proof by adapting classical institutions of proof provided by law of evidence to face electronic proof needs and its functional equivalents used with modern electronic commerce experience . Also the judicial discretion was expanded to distinguish the elements of legal institutions developed in the electronic transferring from those in the non-negotiable electronic documents in order to find the legal rules which govern commitmentsarising from this way of transfer which left for the court the authority in many situations to evaluatethiscommitmentslimits and effects, so studying this authority limits and legal background was necessary .

References used

LARYEA, T. E. Paperless Trade: Opportunities, Challenges and Solutions. Kluwer Law International, Jan 1, 2002 , P.81
CARR, I. ؛STONE, P. International Trade Law . Routledge, Nov 26, 2013 , P.193
CHESHER, M. ؛KAURA, R. ؛LINTON, P. Electronic business & commerce . Springer ،2003 , p. 140

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