Electronic Contracts

DO YOU THINK YOU HAVE TO SUSPEND OR PUT ON HOLD THE SIGNING OF A BUSINESS OR CONTRACT BECAUSE OF COVID-19? WAIT, KNOW THE BENEFITS OF ELECTRONIC CONTRACTS.

At the plenary session of 31 March 2020, the General Health Council (CSG), headed by the President of the Republic, determined that extraordinary measures should be implemented throughout the national territory, including the immediate suspension, from 30 March to 30 April 2020, of non-essential activities in the public, private and social sectors to reduce the burden of disease, its complications and deaths from COVID-19 in the population resident in the national territory.

As a result, some companies have had to extend or suspend the holding of business meetings to formalize contracts, purchases or services necessary for the fulfilment of their corporate purpose.

In this sense, you should know, that there is the possibility of concluding contracts between absentees with the aid of electronic means, since technological advances are not foreign to the legal order; therefore, electronic contracts or electronic contracting, IT HAS ALL THE LEGAL EFFECTS AND CONSEQUENCES OF A VOLUNTARY AGREEMENT, and there is no reason to deny the legal validity of contracts concluded by electronic mail, whether they fulfil the purpose or raison d’être of the requirements laid down by law in traditional contracts.

In that regard, in order for electronic contracts to be valid and produce all their legal effects, they must link the persons who conclude them by establishing between them regularly a mandatory link of patrimonial content, as well as having the main objective and reason of clear contracts, it is also very important that there is certainty of consent and fulfilment of obligations.

Therefore, if you have doubts as to how to formalize your commercial transactions by drawing up or concluding electronic contracts with all the essential requirements to be valid, have certainty and binding, and in this way you can continue your negotiations in this contingency, do not hesitate to contact the lawyers of Bandala | Díaz | García in order to provide you with our legal services.