Re: [ebxml-bp] 1/5/2004: Late Binding ....

["Anders W. Tell" <anderst@toolsmiths.se>]

Ill take a shot at refrasing the issue of late binding and flexibility 
from another perspective.

Trade practices:
BPSS and CPPA could be viewed as tools for establishing trade practices 
(partial) amongst trading partner or within a industry. A good 
characteristics for trade practices is predictability from a business 
point of, (but also from a IS/IT point of view).
This an argument for reducing flexibility in order to reach for the 
higher goal of interoprability.

Capability:
They also constitutes a statement about the capabilities of and consent 
beteween partners. This is important from a legal point of view. Is it 
resonable to assume that a business partner could receive business 
information using a particular procedure ? Has a party expressed the 
intent and  willingness to receive information in particular format ?

 From a explanatory note by UNCITRAL Secretariat of CISG:
The term "notice" includes electronic communications provided that the 
addressee expressly or implied has consented to receiving electronic 
message of that type, in that format, and to that address.

This an argument for a stable and predictable electronic communications 
mechanisms.


Changes to agreement:
It is quite common that business partners propose changes that does not 
in essence change an agreement. However the opposite parter must be able 
to accept or reject any proposal. It is a real world observation, few 
(business) relationships are stable, there are always small changed 
neccessary to keep the business afloat.
CISG Article 29:: Says "(1) A contract may be modified or terminated by 
the mere agreement of the parties."

This an argument for a allowing small changes in even technical 
agreement and a binding mechanism that includes accept and reject of 
proposed binding.

/Anders
Wishing a new prosperous new year,

-- 

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