Article 31: Presumption of Transmission and Receipt
A technology-based document is presumed transmitted, sent or forwarded where the action required to send it to the active address of the recipient has been accomplished by or on the instructions of the sender, and the transmission cannot be stopped or, although it can be stopped, is not stopped by or on the instructions of the sender. A technology-based document is presumed received or delivered where it becomes accessible at the address indicated by the recipient as the address where the recipient accepts the receipt of documents from the sender, or at the address that the recipient publicly represents as the address where the recipient accepts the receipt of documents, provided the address is active at the time of sending. The document received is presumed intelligible, unless notice to the contrary is sent to the sender as soon as the document is accessed. The time of sending or of receipt of a document may be established by producing a transmission slip or an acknowledgement of receipt or the information kept with the document providing it guarantees the date, hour, minute and second of sending or receipt and indicates the source and destination of the document, or by any other agreed method that provides the same guarantees.
Act to establish a legal framework for information technology, art. 31
What this article means
Article 31 of the LCCJTI sets out two presumptions at the heart of proving an electronic transmission. A technology-based document is presumed transmitted, sent, or forwarded where the action required to send it to the recipient's active address has been accomplished by or on the instructions of the sender, and the transmission cannot be or has not been stopped. It is presumed received or delivered where it becomes accessible at the address the recipient indicates or publicly represents as the address where they accept the receipt of documents, provided that address is active at the time of sending.
The second paragraph adds that the document received is presumed intelligible, unless notice to the contrary is sent to the sender as soon as the document is accessed. These presumptions ease proof: they avoid having to directly show that the recipient actually read the document, once the conditions of transmission and accessibility are met.
The third paragraph specifies how to establish the time of sending or receipt: by a transmission slip, an acknowledgement of receipt, or the information kept with the document where it guarantees the date, hour, minute, and second of sending or receipt, as well as the source and destination. It is precisely this kind of timestamped proof that a certified email service preserves, which makes this article central when it must be shown that a notice or a formal demand was in fact transmitted.
What it means for you
If you are the sender
Article 31 explains why a well-documented email can serve as proof of sending and receipt. The document is presumed received where it becomes accessible at the address the recipient uses or publicly represents for receiving documents, if that address is active. You don't have to prove the landlord opened the message to benefit from the presumption of receipt.
To establish the time of sending and receipt, the article accepts, among other things, an acknowledgement of receipt or the timestamped information kept with the document. A certified email service preserves precisely this information (date, hour, source, destination). It remains preferable that the recipient use this address as their usual means of communication.
If you are the recipient
Article 31 is useful when it must be shown that a notice or a formal demand was in fact transmitted to a tenant by electronic means. The document is presumed transmitted once sending to the recipient's active address is initiated without being stopped, and presumed received where it becomes accessible at the address the tenant uses or represents as theirs, if it is active.
To establish the time of sending or receipt, keep an acknowledgement of receipt or the timestamped information associated with the document. A certified email service produces and preserves this proof (date, hour, source, destination). It is important that the recipient use this email address as their usual means of communication.