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Chapter II: Written matter in electronic form
Article I – 23:
In the absence of legal provisions to the contrary, no person shall be compelled to take
a legal action by electronic means.
Article I – 24:
Where a written matter is required to validate a legal act, such act may be established
and conserved in electronic form under conditions defined by the legal texts enacted for
the purposes of application of the legal act.
Article I – 25:
The following acts shall be exempted from the provisions of Article I - 24 of this
Convention:
1) Acts under the signature of a private individual, relating to family law and law
of succession; and
2) Acts of civil or commercial nature under the signature of a private individual,
relating to personal or real security, except where such acts have been
established by a person for the purposes of his/her profession.
Article I – 26:
The written matter emanates from a sequence of letters, characters, figures or all other
signs and symbols with intelligible meaning, regardless of their base and transmission
modalities.
Article I – 27:
A registered letter may be transmitted by electronic means provided such mail is
dispatched by a third party in accordance with a procedure that makes it possible to
identify the third party, designate the sender, guarantee the identity of the addressee
and ascertain whether or not the said letter has been delivered to the addressee.
Article I – 28:
The delivery of a written matter in electronic form shall be effective when the addressee
takes due note and acknowledges receipt thereof.
AU Draft0 010111