Please cite as: "Commentary to Trans-Lex Principle No. XII.2 - Proof of written contract, http://www.trans-lex.org/967000"

This Principle takes account of modern means of telecommunication which are used in international business and trade. It must be noted that this Principle does not impose a form requirement for international contracts but merely establishes a rule of evidence. Pursuant to Principle IV.4.1 contractual declarations are valid even when they are not made in or evidenced in writing unless mandatory rules of any applicable domestic law provide otherwise.