Are You Planning To Sign E-Contract During The PandemicPosted by Dr. Hassan Elhais on July 5th, 2021 The obvious answer is through electronic means or electronically, however, how reliable the electronic signatures are or what one should be aware of before signing or accepting a document signed electronically. Therefore, Corporate lawyers of Dubai desire to highlight several important points before signing a contract electronically. The laws in the UAE by and large perceive the legitimacy of e-signatures and will in general be technologically neutral (for example not prescriptive with respect to the type of the e-signature). Be that as it may, in certain purviews, particular sorts of electronic marks are assumed legitimate on the off chance that they agree to a specific arrangement of prerequisites forced by national laws. For the most part, for an e-signature to be depended upon, it must be prepared to do precisely confirming the personality of the signatory. When an e-signature has been used on any document, it shall be accompanied with the date and cannot be further amended. Just an e-signature arrangement, which fulfills this limit, will be enforceable if the legitimacy of the e-signature is tested. The Ability to Contract Business or individuals residing in UAE are commonly allowed to sign the contractual documents that will oversee their contractual relationship as long as it is not restricted under the UAE law or is against the public policy of the country. Importantly, the Federal Law number 5 of 1985 regarding the Commercial Transactions Law of UAE confirms that the contract shall be consensual and easily interpreted without any devious meaning. Ergo, in the present contracts signed during the pandemic, it is important to discuss the impact of COVID-19 in the contract and consequences for failure to perform of contractual duties due to the situation created by the coronavirus. However, it is evident that contracts are being signed through electronic means, there are several points which must be considered prior to signing the document as follows:
Article by: Dr. Hassan Elhais, a legal consultant in Dubai, specializing in the drafting of all statements of claim, memos, and consultation on litigation of all manner. Like it? Share it!More by this author |