Post by account_disabled on Nov 23, 2023 0:39:32 GMT -5
We talk about a digital contract when the agreement between the parties is concluded remotely. The expression is often used as a synonym for online contract and telematic contract . The birth and development of the internet brought a revolution not only in communication but also in the methods of concluding contracts. In fact, agreements are increasingly concluded in electronic form. This is why we talk about a digital contract. It is no longer essential to live in the same city and many jobs, especially on the web, are done remotely. Therefore a large part of web marketing contracts are concluded on the internet. A question therefore arises: how do you conclude a distance contract? Taking into account the fact that certain types of contracts must be signed by the parties to be valid and by law the signature must be autograph, written in one's own hand. Are the contractors obliged to see each other just to sign the contract? Luckily not today.
Then there are e-commerce: when a product is purchased online the customer concludes a contract Phone Number List with the seller. The situation is different from the previous one, but here too there is something that replaces the agreement of the parties which perfects the sales contract. Then there is the case in which, even in the presence of the other party, the handwritten signature is no longer used but is signed with an electronic pen: think of the post office, the bank, the courier who make us use an electronic tablet and a special pen. Many different situations, many types of signature. Now let's analyze in detail what distinguishes electronic documents. CONTENTS OF THE ARTICLE [ show ] Digital contract: the legal case By telematic or digital contract we mean the agreement concluded remotely between two parties thanks to the use of telematic tools. It is irrelevant whether the contracting parties are natural persons or companies: it is sufficient to have the capacity to act to be able to conclude an agreement via the web that has legal effect. The electronic contract is not governed by the civil code. Therefore the case is brought back to the principle of negotiation autonomy .
The problem of the agreement concluded remotely concerns the demonstration of its authenticity, integrity and ownership of the document. Web Contracts Guide Download the Guide Contracts for the web Digital contract: the signature First of all: what is the purpose of signing in a contract? All categories of contracts, including atypical ones, have some fundamental requirements to be valid for the purposes of the law: one of these is signature. The signature is that factor that determines the authenticity and authorship of the document. In 2005, the CAD (Digital Administration Code) came into force which collects the regulations governing computer documents and electronic signatures. The digital signature is expressly recognized in the art. 21 of the CAD which establishes its validity until a complaint of forgery. In simple words, the digital signature has legal validity like the handwritten signature. Except that it is affixed to an electronic document, of which it will certify the truthfulness, authenticity and paternity of the person signing. The digital signature uses a technology based on the use of digital keys: encryption uses a private key known only by the owner of the signature, and a public key used by whoever must receive the documentation, and which is used to read the encrypted message. This technique allows not only to verify the authenticity of the signature, but also serves to verify that the document has not been altered.
Then there are e-commerce: when a product is purchased online the customer concludes a contract Phone Number List with the seller. The situation is different from the previous one, but here too there is something that replaces the agreement of the parties which perfects the sales contract. Then there is the case in which, even in the presence of the other party, the handwritten signature is no longer used but is signed with an electronic pen: think of the post office, the bank, the courier who make us use an electronic tablet and a special pen. Many different situations, many types of signature. Now let's analyze in detail what distinguishes electronic documents. CONTENTS OF THE ARTICLE [ show ] Digital contract: the legal case By telematic or digital contract we mean the agreement concluded remotely between two parties thanks to the use of telematic tools. It is irrelevant whether the contracting parties are natural persons or companies: it is sufficient to have the capacity to act to be able to conclude an agreement via the web that has legal effect. The electronic contract is not governed by the civil code. Therefore the case is brought back to the principle of negotiation autonomy .
The problem of the agreement concluded remotely concerns the demonstration of its authenticity, integrity and ownership of the document. Web Contracts Guide Download the Guide Contracts for the web Digital contract: the signature First of all: what is the purpose of signing in a contract? All categories of contracts, including atypical ones, have some fundamental requirements to be valid for the purposes of the law: one of these is signature. The signature is that factor that determines the authenticity and authorship of the document. In 2005, the CAD (Digital Administration Code) came into force which collects the regulations governing computer documents and electronic signatures. The digital signature is expressly recognized in the art. 21 of the CAD which establishes its validity until a complaint of forgery. In simple words, the digital signature has legal validity like the handwritten signature. Except that it is affixed to an electronic document, of which it will certify the truthfulness, authenticity and paternity of the person signing. The digital signature uses a technology based on the use of digital keys: encryption uses a private key known only by the owner of the signature, and a public key used by whoever must receive the documentation, and which is used to read the encrypted message. This technique allows not only to verify the authenticity of the signature, but also serves to verify that the document has not been altered.