Post by Sapphire Capital on Nov 16, 2009 0:25:22 GMT 4
Digital Will and Testator Personality Right
Jorge José Lawand Sr.
Tribunal Regional Eleitoral de São Paulo
October 17, 2009
Abstract:
In front of the new technologies, people in general are using more and more the world wide web of computers to effect juridical business. Information change the traditional forms and commercial transactions are revolutionizing the social, economic and juridical organization. These technical innovators are being agreed, as it is the case especially of the Internet, that provides the obstruction of thousands of people anywhere of the world. The communications are advancing for beyond the geographical borders and of the temporal districts. The information propagates in an instantaneous manner. Until this point there are no trammels, because they will be applied all the rules contained in the Civil Code, the which ones combine with the new reality, that in anything differs, for example, of a purchase and sale made by phone, or via fax. The problem arises when we apply to the unavailable rights the advances provides from the cybernetics. We defend that the testaments can be accomplished by means of the internet, because there is already a system that will guarantee them the necessary juridical safety, not coming in confront with the personality rights. The existence of the digital signature, based on a keys cryptography system, or in the future, with the utilization of other methods, such as for biotechnology, will assist in the communication of the last testator's wish, not there being any annulment possibility, as shown by are performed the legal requisites, mostly regarding form, because any electronic document made with stanchion in the Temporary Measure 2.200-2/2001, is compared to that manuscript and with rubricates her own private signature of the prospect.
papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID1495790_code433121.pdf?abstractid=1490343&mirid=5
Jorge José Lawand Sr.
Tribunal Regional Eleitoral de São Paulo
October 17, 2009
Abstract:
In front of the new technologies, people in general are using more and more the world wide web of computers to effect juridical business. Information change the traditional forms and commercial transactions are revolutionizing the social, economic and juridical organization. These technical innovators are being agreed, as it is the case especially of the Internet, that provides the obstruction of thousands of people anywhere of the world. The communications are advancing for beyond the geographical borders and of the temporal districts. The information propagates in an instantaneous manner. Until this point there are no trammels, because they will be applied all the rules contained in the Civil Code, the which ones combine with the new reality, that in anything differs, for example, of a purchase and sale made by phone, or via fax. The problem arises when we apply to the unavailable rights the advances provides from the cybernetics. We defend that the testaments can be accomplished by means of the internet, because there is already a system that will guarantee them the necessary juridical safety, not coming in confront with the personality rights. The existence of the digital signature, based on a keys cryptography system, or in the future, with the utilization of other methods, such as for biotechnology, will assist in the communication of the last testator's wish, not there being any annulment possibility, as shown by are performed the legal requisites, mostly regarding form, because any electronic document made with stanchion in the Temporary Measure 2.200-2/2001, is compared to that manuscript and with rubricates her own private signature of the prospect.
papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID1495790_code433121.pdf?abstractid=1490343&mirid=5