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Electronic Transferable Records: A Gap in Qatari Law That Urgently Needs Filling
Uniform Law Review ( IF 0.2 ) Pub Date : 2021-10-31 , DOI: 10.1093/ulr/unab024
Nisreen Mahasneh

Qatar has sought to encourage the development of international trade and investment through advancements in its law. In light of the growing importance of electronic operations, it has adopted the United Nations Commission on International Trade Law’s (UNCITRAL) model laws on electronic commerce and electronic signatures. However, they alone are insufficient to respond fully to the present-day needs of international trade. An area in which Qatari law is still wanting is the electronic transfer of records that originated on paper. This article assesses the extent to which current Qatari legislation relating to the assignment of rights, bills of lading, and commercial papers is suited to the transfer of such records by electronic means and identifies aspects on which it falls short. To fill this gap, Qatar should adopt the 2017 UNCITRAL Model Law on Electronic Transferable Records and ensure that it is applied as widely as possible, internally, internationally, and in civil and commercial dealings.

中文翻译:

电子可转让记录:卡塔尔法律中迫切需要填补的空白

卡塔尔试图通过改进其法律来鼓励国际贸易和投资的发展。鉴于电子业务日益重要,它采用了联合国国际贸易法委员会 (UNCITRAL) 关于电子商务和电子签名的示范法。然而,仅靠它们还不足以充分满足当今国际贸易的需求。卡塔尔法律仍然需要的一个领域是纸质记录的电子传输。本文评估了与权利转让、提单和商业票据有关的卡塔尔现行立法在多大程度上适合通过电子方式传输此类记录,并确定了其不足之处。为了填补这个空白,
更新日期:2021-10-31
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