No. XII.2 - Proof of written contract

A written contract may be proven through any means of modern telecommunication (Telex, Telefax, btx, EDI etc.), if it provides a record of the information contained therein and can be reproduced in written form.

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.

Please cite as: "Commentary to Trans-Lex Principle ,"
Berger, Klaus Peter, International Economic Arbitration, Deventer, Boston 1993
Giovanoli, Mario, Télécommunications et Forme Ecrite dans les Contrats Internationaux, in: Mélanges Paul Piotet, Bern 1990, at 425 et seq.
Goldman, Berthold, Nouvelles Réflexions sur la Lex Mercatoria, in: Festschrift Pierre Lalive, Basel, Frankfurt a.M. 1993, at 241 et seq.
National Legislation
Czechoslovak International Trade Code
Principles / Restatements
UNIDROIT Principles of International Commercial Contracts
Contract Clauses
There are currently no contract clauses.
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