MLETR and Turkish Trade Law Digital Document Validity

Описание: This video compares the legal validity of electronic documents in international trade under UNCITRAL's MLETR (Model Law on Electronic Transferable Records) and the Turkish Commercial Code (TCC). It specifically focuses on negotiable instruments such as promissory notes, bills of exchange, and bills of lading, which are vital for banks and companies in international trade as they link the right to the document itself.
The analysis highlights that while technological solutions can overcome the challenges of paper-based trade, many countries lack the necessary regulations, causing inefficiencies. MLETR is presented as a key legal framework for harmonising legislation for the digitalisation of these instruments and related processes. It is based on the principle of functional equivalence, where electronic transferable records are considered equivalent to paper documents if they meet 'conditions of reliability'. However, MLETR does not alter the substantive law applicable to these documents and is not intended to create electronic records without a paper equivalent.
The video examines the three basic elements for legal trustworthiness of electronic documents: accuracy, authenticity, and reliability.
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Accuracy requires an e-document to be true, authentic, and free from tampering, containing all legally required elements. The functional equivalence principle allows for the application of TCC provisions, including form requirements, to electronic records.
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Authenticity encompasses integrity (the e-document must be unaltered) and identity (its distinguishing characteristics). Integrity can be checked through reliable systems with access controls and audit logs, ensuring digital preservation, a concept explicitly included in MLETR. The identity of an e-document, including required information, is addressed in MLETR and aligns with the formal requirements in the TCC for documents like bills of exchange and bills of lading.
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Reliability is essential for a document to have legal effect, requiring an authorised signature and date. MLETR addresses electronic signatures, requiring a reliable method to identify the person and their intention. MLETR further define and outline standards for a reliable method, focusing on identification, control, and integrity.
The analysis suggests that the Turkish Commercial Code is sufficiently mature to ensure compliance with the MLETR. Turkey also has a widespread culture of digitalisation, supported by e-signature applications compliant with international standards.
The video concludes by stressing that while digital transformation offers opportunities, it must be well-planned to avoid negative consequences in practice and law. Implementing e-document management and robust digital infrastructure, considering legal frameworks like MLETR, is crucial for businesses in international trade

Words by Meral Şengöz