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31st May 2016
THE JUSTICE DOES NOT CONSIDER PROVEN WHO SIGNED A CREDIT AGREEMENT THROUGH THE DocuSign SYSTEM
10th May 2021A financial entity claimed the payment of the debit balance derived from a loan contract that was signed through the DocuSign system. However, the counterpart claimed that the signature on it was false.
The claim was upheld in the first instance. Now, the Provincial Court of Lleida considers the appeal of the claim and acquits it from paying the amount claimed, for not accrediting the credit institution that the signature that appears in the contract was real.
As stated by the court in the judgment, the signature was made through the DocuSign system, an electronic signature platform through which the document is sent to an email and returned manually signed, without any accreditation of who has signed. whoever they say they are and without account authentication.
The audience, however, must consider that it is properly an electronic signature, based on a recognized certificate and created by a legally recognized digital signature certification entity, but rather an unrecognized autographed manual signature.
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