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Subject: [legalxml-econtracts] Two Document Types Defined
From our last phone call, it appears that there are two (2) separate types of documents that this group would like to standardize. This memo is about circumscribing the scope of these different types of documents. 1. Contract Document This document contains nothing but the contract, with the exception of (1) optional links to a "Policy Document" and to stylesheets; and (2) optional Dublin Core metadata. 2. Policy Document This document contains the negotiating parameters that one side of a negotiation would like to share with the other, as well as certain workflow information. This document contains current forecast numbers, minimum, maximum, and average numbers for key contract provisions, expressed as they will be in dollars or days; what goods, premises, or other items are negotiable and which are not; what clauses have been agreed to in principle vs those agreed specifically; what new information is in the contract given a previous draft; what the negotiating timeline must be; what the contact information is for each of the negotiators; the set of minimum information (the "contract parameters") that must be marked-up in the contract; a link to governing law for the contract; statements of alternative clauses; and other items. My understanding from the call is that forthcoming requirements statements will be focusing on the content of the "Policy Document", not a "Contract" document. Again, I'd like to see a Contract be legally=acceptable whether encoded in XHTML, XSL-FO, SVG, or whatever dialect is appropriate to its creating application, perhaps an application specifically chosen by the parties to the contract. I continue to believe that it is not within the scope of LegalXML to dictate what encoding must be used for contracts, in the face of available techniques such as annotating an XML element with a legal:names attribute which contains a representation of structured XML elements, e.g., <xxxx legal:names='Contract.Party.FirstName.en'>John</xxxx>. That said, the encoding of a <ContractPolicy> element is well-within the purview of this group. Comments? John
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