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Electronic signatures in the international trade law


Author: Emil Dediu
Degree:doctor of law
Speciality: 12.00.03 - Private Law (with specification: Civil, Family, Civil Procedure Law, Notary, Business, Informational, Private International, Labour Law, Social Protection Law)
Year:2007
Scientific adviser: Aurel Băieşu
doctor habilitat, professor, Moldova State University
Institution:
Scientific council:

Status

The thesis was presented on the 26 October, 2007
Approved by NCAA on the 20 December, 2007

Abstract

Adobe PDF document – 0.20 Mb / in romanian

Thesis

CZU 341.9:004(043.3)

Adobe PDF document 0.91 Mb / in romanian
186 pages

Keywords

Electronic commerce, e-commerce, electronic transactions, electronic signature (SE), e-signature, digital signature (SED), advanced electronic signature (SEA), qualified electronic signature (SEC), public key, private key, public key infrastructure (PKI), certification, public key certificate, authentication, technologic neutrality, hash, electronic notaries, certification services provider (CSP), certification practice statement (CPS), certification authority (CA), signature creation device (SCD), secure signature creation device (SSCD), information and communication technologies (TIC), certificates revocation list (CRL)

Summary

The paper is dedicated to one of the most avant-garde area of interest for lawyers, economists and businessmen – the role and legal status of electronic signatures in the international trade law. The thesis analyses a topic at the meeting point of several disciplines, including law, economics and information technologies, a topic insufficiently covered in the specialized literature in the Republic of Moldova.

The research strived to get an answer to the question what are electronic signatures, to analyse the international, national and other countries’ legal framework in this area, and to formulate concrete recommendations for the implementation of the national legislation in this area and its adjustment to international and European standards. As the topic is very broad and barely researched in the national specialty literature, a distinct effort has been put in order to produce a paper, which would explain basic principles and definitions, the functioning of electronic signatures and the entire infrastructure behind it. Having a clear European integration vector as national priority, a special attention has been paid to the EU legislation. Throughout the research, the author has been guided by the following objectives:

For the first time in the Republic of Moldova has been performed a study of all legislative texts’ content, the implementation and interpretation of the legal framework and a detailed comparative analysis of the EU regulatory basis in the area of electronic signatures and, pursuant to the priorities of the internal and internal policy of the Republic of Moldova, have been formulated several de lege ferenda proposals and general recommendations, meant to ensure a higher compatibility of the national legal framework with the acquis communautaire.

On the basis of the completed study have been formulated multiple conclusions, including on general measures necessary to be undertaken, discrimination and tariff and non-tariff barriers, importance of PKI, harmonisation of legislations, training of population and lawyers, legal obstacles that lay in front of electronic signatures, the classification of electronic signatures and other aspects.

The results of author’s researches can be used by lawyers, economists, IT specialists, as well as by lecturers of law and students. This work can serve as guidelines and source of legal knowledge for all those interested in international trade law and electronic commerce and signatures.