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to be relieved of such obligation, shall prove that the obligation does not exist or has
expired.
Article I – 35:
Where the legal provisions of Member States have not laid down other provisions, and
where there is no valid agreement between the parties, the judge shall resolve proof
related conflicts by determining by all means possible the most plausible claim
regardless of the message base employed.
Article I – 36:
A copy or any other reproduction of acts undertaken by electronic means shall have the
same weight as the act itself, where the said copy has been certified as a true copy of
the said act by bodies duly accredited by a State authority.
The certification shall culminate in the issuance of an authenticity certificate, where
necessary.
Article I – 37:
An electronic signature on an electronic written matter shall be admissible on the same
terms as a signature in manuscript written on paper based matter.
The signature shall use such reliable identification procedure as guarantees its linkage
with the act to which it relates.
Such procedure shall be presumed to be reliable until proved otherwise, where the
electronic signature has been created by a security signature device, and where the
procedure guarantees the integrity of the act and the signature thereof has been
identified.
Article I – 38:
An electronic signature created by a security device which the signatory is able to keep
under his/her exclusive control and is appended to a digital certificate shall be
admissible as signature on the same terms as a signature in manuscript.
Article I – 39:
Subject to legal provisions to the contrary, no one shall be compelled to undertake a
legal act by electronic means.
AU Draft0 010111