Il 03/11/2010 8.59, Andre Schnabel ha scritto:
Ianal - but for German (and most EU countries) law, digital
agreements are only equivalent to written ones, if there is a trusted
electronic signature in place.
So a just "click thru" would not really establish something that is
legally binding.
How a valid contractual will is expressed, it depends on the law
governing the agreement and this can be:
a) the law chosen by the parties in the agreement;
b) the law of the country where the defendant lives;
c) any other law expressed by the *private* international laws of the
defendant's country;
d) any other law with which the agreement has "the stricter ties" (see
International Convention of Rome on contractual obligations, 1980 - and
others).
And this only for EU.
Then, you have to consider that we aren't talking about a simple online
transaction, but copyright laws are involved too.
As long as we don't know where the "real thing" (the Foundation as legal
entity) will be registered, we can only say that a solution *may* work.
Regards,
--
Gianluca Turconi
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