Re: [registrars] Fourth draft of transfer form for LOSING registrars

["Siegfried Langenbach" <svl@xxxxxxx>]

Hallo Wlliot,

from my point of view the sentence
"no answer can not be treatet as agreement"
is logical by itself and I wonder that in the US-jurisdiction that will
be handled different.

But responding to your request I will give you the source of my 
understanding from german juristiction:

Please see
BGB §116, §151, §174
and
HGB § 346

BGB = Buergeliches Gesetzbuch
HGB = Handels Gesetzbuch

for better understanding you should read
Muenchener Kommentar
BGB Allgemeiner Teil 3. Edition
Comments by Kramer

The book was printed at C.H.Beck

siegfried

On 15 Oct 2003 at 10:43, elliot noss wrote:

Date sent:      	Wed, 15 Oct 2003 10:43:36 -0400
Subject:        	Re: [registrars] Fourth draft of transfer form for LOSING registrars
Copies to:      	"Bruce Tonkin" <Bruce.Tonkin@xxxxxxxxxxxxxxxxxx>, registrars@xxxxxxxx
To:             	svl@xxxxxxx
From:           	elliot noss <enoss@xxxxxxxxxx>

> Siegfried:
> 
> We have asked you numerous times, both publicly and privately for the  
> specific German law you refer to. Please provide same or stop raising  
> this issue. Thank you.
> 
> Regards
> 
> On Wednesday, October 15, 2003, at 05:21 AM, Siegfried Langenbach wrote:
> 
> > Hallo,
> >
> > I want to repeat something I already said in Rio:
> >
> > according to german law (and I guess some other EU-law also) I
> > have a problem to ACK a outgoing transfer without explicit answer
> > of the registrant (the law is assuming consumer protection).
> >
> > If ICANN accepts the regulation in which no answer from the
> > customer is treated as a YES, I will have to ask the german court for
> > a decision (in germany the loosing party pays all the court and
> > lawyer fees).
> >
> > I have to do this as a self-protection act.
> > I still wonder why a better working process (auth_code) is not
> > used...
> >
> > Respectfully
> > Siegfried Langenbach
> >
> > Computer Service Langenbach GmbH (CSL GmbH)
> > GERMANY
> >
> >
> >
> >
> >
> >
> > On 15 Oct 2003 at 18:54, Bruce Tonkin wrote:
> >
> > Subject:        	[registrars] Fourth draft of transfer form for LOSING  
> > registrars
> > Date sent:      	Wed, 15 Oct 2003 18:54:34 +1000
> > From:           	"Bruce Tonkin" <Bruce.Tonkin@xxxxxxxxxxxxxxxxxx>
> > To:             	<registrars@xxxxxxxx>
> >
> >>
> >> Hello All,
> >>
> >> Below is an updated version.  This version will be discussed by a
> >> meeting of the ICANN staff Transfers Assistance Group later this week.
> >>
> >> Note this form is for use by losing registrars after they receive
> >> notification of a transfer from the registry.  The losing registrar  
> >> may
> >> contact the registrant to confirm whether they have authorised a
> >> transfer.  It is entirely optional for a losing registrar to send the
> >> form.
> >>
> >> The changes include:
> >> - adding the ability to include multiple domain names
> >> - some wording improvements suggested by Thomas Roessler (At Large
> >> Advisory Committee)
> >>
> >> Further comments welcome.
> >>
> >> Regards,
> >> Bruce
> >>
> >>
> >> ********************************************************************** 
> >> **
> >> ******************
> >>
> >> An English version of this message is contained below.
> >>
> >> <Insert translation of English version in preferred language of the
> >> registrant if known>
> >>
> >> ENGLISH VERSION
> >>
> >> DOMAIN NAME TRANSFER
> >>
> >> Attention: <insert Registrant or Administrative Contact of Record as
> >> listed in the WHOIS>
> >>
> >> Re: Transfer of <insert domain name or list of domain names>
> >>
> >> <insert name of registrar and/or name of reseller> received  
> >> notification
> >>
> >> on <insert date of notification> that you have requested
> >> a transfer to another domain name registrar.
> >>
> >> If you want to proceed with this transfer, you do not need to respond  
> >> to
> >> this message.
> >>
> >> If you wish to cancel the transfer, please contact us before <insert
> >> date> by:
> >>
> >> [Note the following contact methods are optional and the order of
> >> presentation is at the choice of the registrar]
> >>
> >> [optional] send an email to <insert contact details>
> >>
> >> [optional] send a fax to <insert contact details>
> >>
> >> [optional] or please go to our website <insert URL of confirmation
> >> webpage>
> >> [Note: website to contain text as above, with the option to confirm or
> >> deny the transfer.]
> >>
> >> If we do not hear from you by <insert date>, the transfer will  
> >> proceed.
> >
> >
>