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Electronic Signatures in International Contracts

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Carolina Monica Laborde

Electronic signature legislation seeks to facilitate e-commerce by providing an electronic equivalent to handwritten signatures in paper-based contracts. However, electronic signature legislation enacted in the past years in different jurisdictions has followed a dissimilar approach. In light thereof, this book analyzes the legal validity of electronic signatures in international contracts potentially subject to divergent electronic signature regulation. To this end, four major issues are addressed: the technological and legal concept of electronic signatures; the legal regulation of electronic signatures; the determination of the electronic signature legislation that will be applicable to an international contract; and, finally, the implications of applying one electronic signature law or another. The research covers the laws of Argentina, Germany and the United States of America as well as international conventions.

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C. Conclusions 107

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Chapter 5: Argentina 107 issuance of recommendations and the organization of public hearings (Section 35 Argentine Digital Signature Act and Section 10 Executive Order 2628/2002). C. Conclusions Digital signatures are predominant in Argentine legislation. The role of the rest of electronic signatures seems to be reduced. However, it is possible to construe the Argentine Digital Signature Act in a way that reconciles the goals of lawmakers of ensuring security and trust in electronic transactions while increasing the spectrum of signing technologies to be recognized. By allowing the use of electronic signatures in acts subject to no formal requirements the sphere of application of electronic signatures is significantly increased. Likewise, it is ensured that the safest technique is used for acts where the law imposes the signature requirement.

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