In practice, how often will you be able to use the electronic signature, and for which activities will you have to carry a pen with you?
Regarding the use of electronic signatures in practice, we can divide the jobs into three “groups”:
- those for which you cannot use an electronic signature,
- You may – use is the convenience but not the necessity,
- You must do it electronically, using an electronic signature.
Let’s begin with those activities where the electronic signature cannot be used. This is a reference list, i.e., this number of activities is not final, but only the ones that we most often encounter in practice.
These are all legal transactions for transferring property rights to immovables or establishing other property rights on immovables. So, when you go to the Notary public to verify the sales agreement, e.g., for an apartment, expect an old-fashioned procedure.
Likewise, you will not be able to use the electronic signature for contracts in the field of inheritance rights: agreement on the allocation and assignment of property during one’s life, life care agreements, inheritance agreements, as well as the statements of the parties in the process of discussing the inheritance.
This category also includes agreements that govern property relations between spouses, as well as the agreements for the allocation of the property of a person who has been deprived of their ability to exercise their business capacity.
A signature of the contracting party is necessary in order to conclude a deed of gift on the transfer of property, therefore, the electronic signature is not an equal substitute.
The use of a handwritten signature in documents on paper or a certified handwritten signature is also necessary for other legal affairs or actions, for which it is foreseen by a special law or pursuant to the law of the adopted regulations.