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Junior Member
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Jul 6, 2012, 09:39 AM
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Legal validity of contract signed between two parties in two countries over the net.
Hi all,
I'm currently working with an app developer partner in Russia, and I'm based in Georgia state, USA and we've both signed a profit sharing agreement for the app revenues whenever the app goes on sale at the app store.
The contract we signed between us was transmitted to both parties here through email for our records, so I wonder if our agreement is valid under the Georgia state law.
Thanks and hope I can get some expert advice on this issue.
Ugo
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Expert
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Jul 6, 2012, 10:04 AM
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Please don't ask the same question in two different threads, in two different forums.
Did both parties physically sign separate but identical copies of the contract? If so, the fact that copies were sent electronically doesn't matter; the contract is valid.
There is a uniform act on the subject of electronic signatures; and also a U.S. federal act, I believe, on the same subject. I believe there is also a treaty on the same subject, although I don't know if the state (as opposed to the country?) of Georgia has adopted the uniform act, or if Russia is a party to the treaty. It probably doesn't matter if the assumptions I made in the second paragraph of this post are correct.
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Junior Member
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Jul 6, 2012, 12:54 PM
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Originally Posted by AK lawyer
Please don't ask the same question in two different threads, in two different forums.
Did both parties physically sign separate but identical copies of the contract? If so, the fact that copies were sent electronically doesn't matter; the contract is valid.
There is a uniform act on the subject of electronic signatures; and also a U.S. federal act, I believe, on the same subject. I believe there is also a treaty on the same subject, although I don't know if the state (as opposed to the country?) of Georgia has adopted the uniform act, or if Russia is a party to the treaty. It probably doesn't matter if the assumptions I made in the second paragraph of this post are correct.
Hi Thanks for your reply. Actually, me and my partner signed same copies of the contract and emailed it to each other for our records, so I guess that will cover us.
I'll also look more into the treaty to see if the state of Georgia recognizes it too.
Thanks much.
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Expert
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Jul 6, 2012, 01:35 PM
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Did both parties in Russia and in the US sign the same contract in proper places.
Also did the contract state under whose laws the contract was to be enforced.
And exactly how ( to ask a question) are you going to enforce the contract if they break it,
If you win here, you would still have to file in their court to enforce it.
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Expert
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Jul 6, 2012, 02:52 PM
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Originally Posted by chochocho
...
I'll also look more into the treaty to see if the state of Georgia recognizes it too. ...
It isn't Georgia's choice to recognize or not recognize a treaty signed by the U.S. and ratified by the Senate. It would be the law of the land whether Georgia likes it or not. :)
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Junior Member
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Jul 7, 2012, 06:55 AM
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Originally Posted by AK lawyer
It isn't Georgia's choice to recognize or not recognize a treaty signed by the U.S. and ratified by the Senate. It would be the law of the land whether Georgia likes it or not. :)
Ok. So, I'll just presume that we're covered here under the law.
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Junior Member
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Jul 7, 2012, 07:02 AM
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Originally Posted by Fr_Chuck
Did both parties in Russia and in the US sign the same contract in proper places.
Also did the contract state under whose laws the contract was to be enforced.
And exactly how ( to ask a question) are you going to enforce the contract if they break it,
if you win here, you would still have to file in their court to enforce it.
Yes, the contract was signed in the proper places in the document.
Actually, the contract was drawn to be enforced by US Georgia state law, so in case of any dispute, I believe the Georgia state court will have the only and final jurisdiction to settle the dispute.
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