So, in item 13 of the Viennese Convention on contracts of the international sale and purchase of the commodities of 1980 (further - the Viennese convention) the term "written form" is understood also as messages by telegraph and teletype. Some authors proceeding from sense of the given definition consider, that as in item 13 other kinds of messages made by means of electric or electronic communication are not specified (for example, by fax or e-mail), it is necessary to make a conclusion, that on sense of the Viennese convention they do not concern to written messages and, hence, the requirement about observance of the written form of the message is considered executed if it is directed by the letter, by telegraph or the teletype. According to M.M.Rosenberg's opinion, the instruction on two kinds of written messages in the Viennese convention does not mean excluding an opportunity to consider other kinds of written messages, in particular facsimile messages.
The national court can recognize the transaction accomplished in the electronic form void by virtue of defect of its form because the international conventions demand presence of the documents executed on a paper, or autographic signatures by virtue of primary force of the international contracts before the national legislation.
In order that terms " the written form ", "signature" and "document" in conventions and agreements are interpreted as the terms supposing applications of their equivalents in the electronic form there are two variants: the first - making of amendments or revision of conventions which have already come into force; the second - an acceptance of the international act of the law.
In Z.Bjurdo's research it is pointed out that the variant of making of amendments or revision of conventions which have already come into force is represented as the most labour-consuming way, because there are about thirty conventions, multilateral agreements, uniform model laws which concern the international trade relations or the international transportations.
So, the adaptation of existing international conventions and the agreements adjusting trade relations to features of electronic commerce by means of introducing of amendments into given conventions and the agreements or the conclusions about changing of multilateral contracts between certain participants prevents from uniform application of the text of the convention. The given way is represented as problem one in view of existing of a plenty of conventions and the agreements adjusting trade relations and demanding modification with a view of conformity to realities of e-commerce.
Elimination of different interpretations of the international documents about their applicability to electronic transactions by means of acceptance of the uniform international document adjusting features of e-commerce and adapting existing international documents to realities of electronic transactions would be the best way. There is a number of discussions concerning the form of the new international document - whether it is necessary it to form the Convention or the form of the document having advisory character.
The expediency of development of the document possessing the status of the Convention is caused by that the convention allows to create the normative act of law of a binding force. During the contradictions of positions earlier statute Conventions in the field of trade relations and the Convention adjusting electronic commerce, norms of last one by time criterion but only in relation to the limited number of its participants will be valid.
Development of the international document having advisory character will not have a binding force if only the parties did not do the reference in the contract on compulsion of application of the given document in relation to the given parties. The courts considering the international cases will address to conventional definitions of such terms as "signature", "the written form", "document" first of all.
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