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Civil & Common Law Shake Hands on The Internet or Dissapearance of The Comparative Law Discipline?

Document Citado por Relacionados
Vincent
AutorLeopoldo Brandt Graterol
CargoSenior Legal Counsel. TeleFlores.com, LLC

With the advent of the Internet, the endless discussion about the different origins, philosophies and structures between Civil and Common Law Systems (Codes vs. Precedents, etc) will no longer be of any relevance. Countries belonging to both systems are currently looking toward a major and common goal; this is to obtain the legal recognition and evidentiary weight of electronic record and signatures. Not that electronic records, documents and signatures were not allowed by the various legal systems worldwide, they were in fact allowed but were also being discriminated against, in favor of the handwritten documents and signatures, in detriment of the cyber users and online activities of any nature.

Although of different roots, Civil and Common Law countries have joined efforts, taking into account the particularities of each country, to overcome the main obstacles for a reliable and secure mean of doing business on-line: authenticity, integrity and non-repudiation.

In addition to dealing with the different origins and legal reasoning of both systems Comparative Law Academics throughout the world, will have to remark the point where the two systems “LINK” to each other. The aforementioned discipline has suddenly missed its “comparative” essence in the virtual world. Entities such as the certification authorities and tools like the digital certificate will turn the discussion between Civil and Common Law into a useless topic.

Action recently adopted by President Clinton with the respect to the Electronic Signatures Law, along with the efforts being carried out by the European Union, will soon be followed by all the nations that are currently finishing drafting equivalent legislation to guarantee and preserve the life of the on-line communications as a standard tool, not only for commercial purposes but also to be used at administrative and governmental ends.

Only time will tell if a new kind of legal system has emerged, the World Electronic Law system, that goes beyond any difference between legal systems, on the contrary, the latter will lead the world to a new legal dimension that like the “netiquette” will rely more in the actions and not the sanctions.

The global process of implementing legislation to regulate the cyberspace issues has encounter a so called a –e-dilemma”. Should the countries and Union of the World issued legal frame-works to tight, the electronic commerce sector will deprive as it has occurred during the first quarter of...

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