Estudio de la firma electrónica en los contratos privados

Abstract

Electronic contracting inexorably requires guarantees in relation to certain basic aspects of legal certainty, such as the identification of the parties, the privacy of communications, the security and integrity of the messages and the non-repudiation of the contract by any of the parties. In a contracting process in which the parties do not have to know each other, nor do they have to see each other physically, these guarantees must come from the implementation of new electronic mechanisms and their legal regulation. This is precisely what the electronic signature consists of. Being the general objective of this research to know the correct application and the appropriate procedure of electronic signatures in private contracts, it is addressed in a qualitative approach, with a level of descriptive depth because it proceeds to detail the status of the investigation and the current problems of electronic signatures within the context of private contracting, which leads to the application of the deductive method and the normative method as a plan to follow, taking into account The documentary review and the interview account for the purpose of determining that the use and application of the electronic signature constitutes a great technological advance supported by Ecuadorian legislation, but there is a lack of culture and knowledge about it, as well as generating reliability in this electronic tool which brings great advantages in private electronic contracting.