The current situation poses a great question to the businesses as to how they
are signing contracts or documents in the current situation. 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 by
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 ContractÂ
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 UAEÂ 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 sign the
document as follows:
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