Contenido esencial de la Ley Modelo de la CNUDMI/UNCITRAL sobre Documentos Transmisibles Electrónicos

Resumo

This paper deals with the focus and the most relevant legal issues in the regulation of electronic documents that allow the transfer of rights contained in the Model Law on Electronic Transferable Records (2017) prepared by the United Nations Commission on International Trade Law (UNCITRAL). It underlines the application of the principles of functional equivalence and technological neutrality. Also the «control» is analyzed as an umbrella concept covering de main issues of «electronification» of transferable records. The legal fiction of the consideration of control as functional equivalent of possession or endorsement is analyzed