As the epidemiological situation is getting increasingly serious, more and more questions are asked in connection with our services. In the present article we collected the possible methods and information for the case when one of the parties would like to sign the contract on paper and the other party would like to use e-signature. Contracting this way absolutely complies with Hungarian law.
A contract can be created in writing even if the parties do not sign the same copy, and / or they sign it in different ways. In this case, the contract is made up of the paper version and the electronic version jointly. If I have the copy of the contract signed by my e-signature, and I get the copy of the paper form of the contract from the other party, the contract comes into existence and it is provable.According to subsections 6:70 § (2) and (3) of the Hungarian Civil Code, it shall be considered as a written contract if the legal declarations of all the parties are not contained in the same document, but in separate documents, and these documents collectively represent the parties’ intentions. Moreover, a written contract is created even in such case if each party only signs such a copy that is intended for the other party.
In this case a qualified electronic copy of the paper version can be made, and the other party (who has e-signature) shall sign this copy. The qualified electronic copy signed this way shall be considered a written contract that contains in itself the mutual legal declaration of both parties.
When deciding, please consider the following:
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