Modern technologies and the Internet have had a significant impact on human life, including legal relations.
In view of this, one of the topical issues in modern private law is the conclusion of contracts electronically, using digital technology.
In this article, we will discuss the issues of authenticity of electronic contracts, specifically evaluating the legal nature of electronic contracts in the context of Georgian legislation.
The main regulations regarding electronic contracts are provided in two legal acts: the Civil Code and the Law of Georgia on Electronic Signature and Electronic Document.
Regulations of the Civil Code on the Form of Contracts
Any contract is considered concluded if the parties have agreed on all its essential terms in the form provided for this purpose.
Therefore, according to the general rule, for the validity of a contract, it is necessary to comply with the form established by law. If such a form is not prescribed, the parties may determine it themselves.
If a specific form is established by law for the validity of a contract, or if the parties have provided for such a form for the contract, then the contract enters into force only after the requirement regarding this form is fulfilled; otherwise, a contract not made in the required form is void.
A contract may be concluded orally or in writing, as well as in any other form that does not contradict Georgian legislation. A transaction in writing may be concluded in cases provided by law or by agreement of the parties.
In general, when a contract is in written form, the signature of the parties to the contract is sufficient. To ensure written form, it is also sufficient to exchange telegrams, telecopies, or letters.
