What happens if the contract is signed through SMS with SIM not issued on the data user?

Hello.
Heard about:
In accordance with part 3 of article 432 of the civil code the Party, which took from the other side of the full or partial performance under the contract or otherwise confirming the agreement, is not entitled to demand the recognition of this contract null and void if the application of such requirements to particular circumstances would be contrary to the principle of good faith (paragraph 3 of article 1).


But what if SIM card is that it's SMS feature is not on those documents that was sent by the user?

Whether in this case the contract is considered legally signed? And will it have LEGAL force?
March 19th 20 at 08:43
2 answers
March 19th 20 at 08:45
Solution
What happens if the contract is signed through SMS with SIM not issued on the data user?
Well, to begin with, to sign the agreement via TEXT message.
To sign the contract in two ways -
  • Take a pen and put his signature on the paper.
  • Using a special certified program to attach the file with the agreement an electronic signature.

There are no other options. At all.

There is a tricky type of contract - the contract offer.
To sign such a Treaty is impossible and pointless. This is a public offer.
It is possible to accept.
Acceptance is the execution of some actions have accepted that you have accepted the terms of the contract. From the moment of acceptance the contract is concluded.
Not any text with a public offer of something you can accept an offer and there are many rules of drawing up such treaties.

Regarding specifically your question - it all depends on how well-designed offer that accepts, etc.
But in any case, if the contract is - he finds one who has performed some action, but not the one who owns some thing like SIM card.

But what if SIM card is that it's SMS feature is not on those documents that was sent by the user?
Whoever designed. If SMS sent to you - you signed a contract, and what SIM card for your great-niece Armley to the case is not relevant.

Whether in this case the contract is considered legally signed?
No, of course, he was not signed.

And will it have LEGAL force?
Yes.
Subject to proper registration in accordance with the current legislation of the country in which he actually should have this legal power.
March 19th 20 at 08:47
Signature for SMS? Seriously? I can take the phone to the CEO to sign the company itself?
Yes, we have that.
In providing their passport details, you can sign a contract via SMS. - marc.Corw commented on March 19th 20 at 08:50
@marc.Corw, marvelous are thy works, o Lord.

Sorry for offtopic. - Ardella_Sipes14 commented on March 19th 20 at 08:53
@Ardella_Sipes14, on the basis of reading the articles I came to the conclusion that the way to work. - marc.Corw commented on March 19th 20 at 08:56
@marc.Corw,
SMS is not in those documents that was sent by the user?

That you will be able to learn only the judgment of requests it seems. (but not exactly)

Actually, I think this is one example of the offer. Another thing, the contractor needs to protect themselves more than full. - talia54 commented on March 19th 20 at 08:59
@talia54, so all the same, whether in this case LEGAL force? - marc.Corw commented on March 19th 20 at 09:02
@marc.Corw,
In providing their passport details, you can sign a contract via SMS.

It can be done! - jaqueline_Balistreri commented on March 19th 20 at 09:05
on the basis of reading the articles I came to the conclusion that the way to work.
So no need to read articles on the Internet written by journalists, and law to study.
And in articles such ponapishut... - jaqueline_Balistreri commented on March 19th 20 at 09:08
@marc.Corw,
so all the same, whether in this case LEGAL force?

Legal force = mass legal * legal acceleration.
Banal math - consider. - jaqueline_Balistreri commented on March 19th 20 at 09:11
@marc.Corw, read about the offer, consult with an accountant. - talia54 commented on March 19th 20 at 09:14

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