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legafy

GP&H Suite

Ciserus

legafy

GP&H Suite

Ciserus

30 Mar

Digital Contracts

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The contracts in most of the Civil Codes of the Mexican Republic, one of the requirements is the signature, which can be ratified before a Notary Public or witnesses, without such requirement, the nullity could be reached.

At this time, with the advancement of technology, it has been possible to develop systems or internet pages where the contracts to be signed should not be the parties in the same physical place, without doubting that the signatures were stamped or not by the parties, since that for this, electronic signatures issued by government agencies (Tax Administration Service (SAT), Economic Secretariat (SE), etc.) are used, which gives legal certainty that people have expressed their will to be agreed in accordance with the contract.

In a digital contract, all parties to a contract, creditors, debtors, jointly obligated parties, witnesses, can negotiate, sign and execute electronic contracts in real time. In addition, the printing of documents is limited, as each of the parties safeguards their digital contracts and annexes in the cloud.

Regarding jurisdictional processes, the Federal Judicial Branch implemented a technological platform for the development of judicial processes in district courts and collegiate circuit courts. For example, you can file a claim for protection with your electronic signature, offer evidence, release requirements and desist from lawsuits. Likewise, each Judicial Power of the States of the Mexican Republic has implemented what can be called the “Virtual Court”, which does the trial online, saving transfers, and conducting the hearings of a jurisdictional process by video call.

Likewise, when it comes to contracts and their digitization, you have to be careful since there are several internet pages that offer the electronic signature of contracts service, but not all of them have the guidelines requested by the Commercial Code, Law of the Advanced Electronic Signature, the Federal Code of Civil Procedures, so if that legal instrument is brought to trial, it could object or dismiss it as false and have problems enforcing the respective contract.

Arturo de la Peña

Gloria Ponce de Leon & Hernández

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