After being sentenced by the State Council for breach of Article L911-1 of the Code of Administrative Justice, the Government published a decree on February 4 on the recommended sending the letter by email (amending Article 1369-8 of the Civil Code)
DECREE
Decree No. 2011-144 of February 2, 2011 on the submission of a letter by email for the conclusion or execution of a contract
NOR: EFII1015079D
Version February 5, 2011 consolidated
Prime Minister
On the report of the Minister of Economy, Finance and Industry,
Considering the Civil Code, particularly Article 1369-8;
Given the Post and Electronic Communications, in particular Article L. 3;
Considering the opinion of the Regulatory Authority for Post and Electronic Communications dated July 6, 2010;
The Council of State (Public Works Section) course
Decrees:
Article 1
Prior to sending a letter mail, the third charge of its delivery must be identified as follows: 1 °
case of an individual by name and surname, and if it is a corporation, its name, status and legal form;
2 ° The geographic address where it is established, his email address, contact information to get in touch quickly and directly communicate with her
3 ° Where applicable, the registration number in the register of commerce and companies or trade directory ;
4 ° If the activity is subject to a licensing scheme, the name and address of the issuing authority;
5 ° If it is taxable on the value and identified by an individual number under Article 286 ter of the tax code, its individual identification number.
When submitting a registered letter mail, the sender says:
- his / her name or her name and her email address and mailing address;
- name and surname or name of recipient and postal address or e-mail;
- the professional status and whether or not the recipient, if the recipient is not a professional, his prior agreement to receive a letter electronic mail;
- choosing a letter, with or without a receipt;
- choosing an electronic letter whose contents are printed on paper or not;
- the choice of coverage level against the risk of loss, theft or damage. Article 2
third responsible for the delivery of letter mail by return e-mail to the sender with proof of filing. Besides the information mentioned in section 1 of this Decree, the document contains the following information:
- the number identifying the shipment;
- the date and time of electronic filing of the message;
- where appropriate, identification of the postal service responsible for the delivery of the letter printed on paper: its name, mailing address and email.
The third charge of delivery of letter mail must retain this information for a year, and the original electronic computer and its footprint. The sender has access, on request to third parties responsible for the delivery of letter mail to this information and the electronic registered letter and its imprint computer. It can get a copy for a period of one year.
Article 3
When the sender with the recipient's consent unprofessional, requested electronic distribution, the third charge of mail delivery inform the recipient by email that a registered letter mail will be sent to him and his options for a period of fifteen days from the day after sending this information to accept or reject. The recipient is not informed of the identity of the sender of the letter mail.
Upon acceptance by the recipient to receive the letter E, the third party responsible for its delivery of letter mail sent to destination address e which was transmitted by the sender.
The third charge of delivery of letter mail must keep for one year from the date of his proof of the shipment containing the following information:
- the number identifying the shipment;
- name and surname or name of the recipient and his email address;
- the date and time of dispatch of letter mail.
The sender has access, on request to third parties responsible for the delivery of letter mail to this information. It can get a copy for a period of one year. If the sender
chose the option with return receipt, the third party responsible for the delivery of mail to the sender address, no later than the day after the deadline stipulated in the first paragraph of this section, an email containing the information specified in Article 2, completed by the date and time at which the recipient has accepted or refused to receive the letter E or failure to gain knowledge of it.
Article 4 Where the consignor or consignee unprofessional requested distribution of the letter printed electronics on paper, the third party responsible for forwarding the proceeds to print on paper in the letter electronics and its enveloping. Its distribution is provided by a postal service provider authorized under Article L. 3 of the Post and Electronic Communications. Article 5
At the time of delivery to the addressee of the letter printed electronics on paper, the provider postal deposit on proof of delivery information in section 2 of this decree, and that:
- name and surname of the person who accepted the letter and its signature (the consignee or his agent);
- the documentary evidence of identity;
- the date of delivery;
- where applicable, the date of presentation;
- the identification number of the shipment.
In the case of a delivery to the addressee of the letter printed on paper with electronic receipt, the service provider who conducted the postal delivery of the letter refers to the sender a receipt containing the information specified in the preceding paragraphs of this article. Where appropriate, it shall send a copy to the third charge of delivery of the letter mail.
In the absence of the addressee of a letter printed electronics on paper to the address specified by the sender during the passage of the employee in charge of distribution, the service responsible for distributing inform the recipient of the pending implementation of the letter during a period of fifteen days from the day after the presentation, and the place where the letter may be withdrawn. Article 6
The provisions of this Decree shall apply in Wallis and Futuna Islands. Article 7
Minister of the Interior, Overseas France, local authorities and immigration, the Minister of Economy, Finance and Industry, the Minister from the Minister of Economy, Finance and Industry, for Industry, Energy and the Digital Economy, and the Minister to the Minister of the Interior, Overseas, local authorities and immigration, in charge of overseas, are responsible, each in his case, the execution of This Decree will be published in the Official Gazette of the French Republic.
Manufactured February 2, 2011.
By Francois Fillon Prime Minister
Minister of Economy, Finance and
industry
Christine Lagarde Minister of the Interior,
of overseas communities Land and
immigration, Brice Hortefeux
Minister with the Minister of Economy, Finance and
industry
for Industry, Energy
and the Digital Economy, Eric
Besson
Minister with the Minister of Interior,
from overseas, local authorities and immigration
, responsible for overseas
Marie-Luce Penchard
DECREE
Decree No. 2011-144 of February 2, 2011 on the submission of a letter by email for the conclusion or execution of a contract
NOR: EFII1015079D
Version February 5, 2011 consolidated
Prime Minister
On the report of the Minister of Economy, Finance and Industry,
Considering the Civil Code, particularly Article 1369-8;
Given the Post and Electronic Communications, in particular Article L. 3;
Considering the opinion of the Regulatory Authority for Post and Electronic Communications dated July 6, 2010;
The Council of State (Public Works Section) course
Decrees:
Article 1
Prior to sending a letter mail, the third charge of its delivery must be identified as follows: 1 °
case of an individual by name and surname, and if it is a corporation, its name, status and legal form;
2 ° The geographic address where it is established, his email address, contact information to get in touch quickly and directly communicate with her
3 ° Where applicable, the registration number in the register of commerce and companies or trade directory ;
4 ° If the activity is subject to a licensing scheme, the name and address of the issuing authority;
5 ° If it is taxable on the value and identified by an individual number under Article 286 ter of the tax code, its individual identification number.
When submitting a registered letter mail, the sender says:
- his / her name or her name and her email address and mailing address;
- name and surname or name of recipient and postal address or e-mail;
- the professional status and whether or not the recipient, if the recipient is not a professional, his prior agreement to receive a letter electronic mail;
- choosing a letter, with or without a receipt;
- choosing an electronic letter whose contents are printed on paper or not;
- the choice of coverage level against the risk of loss, theft or damage. Article 2
third responsible for the delivery of letter mail by return e-mail to the sender with proof of filing. Besides the information mentioned in section 1 of this Decree, the document contains the following information:
- the number identifying the shipment;
- the date and time of electronic filing of the message;
- where appropriate, identification of the postal service responsible for the delivery of the letter printed on paper: its name, mailing address and email.
The third charge of delivery of letter mail must retain this information for a year, and the original electronic computer and its footprint. The sender has access, on request to third parties responsible for the delivery of letter mail to this information and the electronic registered letter and its imprint computer. It can get a copy for a period of one year.
Article 3
When the sender with the recipient's consent unprofessional, requested electronic distribution, the third charge of mail delivery inform the recipient by email that a registered letter mail will be sent to him and his options for a period of fifteen days from the day after sending this information to accept or reject. The recipient is not informed of the identity of the sender of the letter mail.
Upon acceptance by the recipient to receive the letter E, the third party responsible for its delivery of letter mail sent to destination address e which was transmitted by the sender.
The third charge of delivery of letter mail must keep for one year from the date of his proof of the shipment containing the following information:
- the number identifying the shipment;
- name and surname or name of the recipient and his email address;
- the date and time of dispatch of letter mail.
The sender has access, on request to third parties responsible for the delivery of letter mail to this information. It can get a copy for a period of one year. If the sender
chose the option with return receipt, the third party responsible for the delivery of mail to the sender address, no later than the day after the deadline stipulated in the first paragraph of this section, an email containing the information specified in Article 2, completed by the date and time at which the recipient has accepted or refused to receive the letter E or failure to gain knowledge of it.
Article 4 Where the consignor or consignee unprofessional requested distribution of the letter printed electronics on paper, the third party responsible for forwarding the proceeds to print on paper in the letter electronics and its enveloping. Its distribution is provided by a postal service provider authorized under Article L. 3 of the Post and Electronic Communications. Article 5
At the time of delivery to the addressee of the letter printed electronics on paper, the provider postal deposit on proof of delivery information in section 2 of this decree, and that:
- name and surname of the person who accepted the letter and its signature (the consignee or his agent);
- the documentary evidence of identity;
- the date of delivery;
- where applicable, the date of presentation;
- the identification number of the shipment.
In the case of a delivery to the addressee of the letter printed on paper with electronic receipt, the service provider who conducted the postal delivery of the letter refers to the sender a receipt containing the information specified in the preceding paragraphs of this article. Where appropriate, it shall send a copy to the third charge of delivery of the letter mail.
In the absence of the addressee of a letter printed electronics on paper to the address specified by the sender during the passage of the employee in charge of distribution, the service responsible for distributing inform the recipient of the pending implementation of the letter during a period of fifteen days from the day after the presentation, and the place where the letter may be withdrawn. Article 6
The provisions of this Decree shall apply in Wallis and Futuna Islands. Article 7
Minister of the Interior, Overseas France, local authorities and immigration, the Minister of Economy, Finance and Industry, the Minister from the Minister of Economy, Finance and Industry, for Industry, Energy and the Digital Economy, and the Minister to the Minister of the Interior, Overseas, local authorities and immigration, in charge of overseas, are responsible, each in his case, the execution of This Decree will be published in the Official Gazette of the French Republic.
Manufactured February 2, 2011.
By Francois Fillon Prime Minister
Minister of Economy, Finance and
industry
Christine Lagarde Minister of the Interior,
of overseas communities Land and
immigration, Brice Hortefeux
Minister with the Minister of Economy, Finance and
industry
for Industry, Energy
and the Digital Economy, Eric
Besson
Minister with the Minister of Interior,
from overseas, local authorities and immigration
, responsible for overseas
Marie-Luce Penchard
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