TRENDS REGARDING THE ELECTRONIC FORM OF CIVIL LEGAL ACTS
TRENDS REGARDING THE ELECTRONIC FORM OF CIVIL LEGAL ACTS

Summary/Abstract: Along with the technological progress, there was an imminent need to find solutions to individualize people in the online environment. Thus, the electronic signature took off, which, on the one hand, was equal to the legal power of the holographic signature, but, at the same time, a competition between these two types of signatures was generated. The regulatory framework for legal documents in electronic form consists of: Civil Code of the Republic of Moldova, no. 1107 of 06.06.2002, Law No. 124 of 19/05/2022 regarding electronic identification and trust services (in the past, it was Law No. 91 of 27/06/2014 regarding electronic signature and electronic document, Repealed), Law No. 284 of 22-07-2004 regarding information society services (in the past it was the Law on electronic commerce, which changed its name). Currently, in the Republic of Moldova, the electronic signature is recognized on its territory and, with some exceptions, abroad. Unfortunately, we note a lack of recognition in other countries of the electronic signature issued by local authorities, which limits the entrepreneurial environment, natural/legal persons. The types of electronic signature are: electronic signature on USB token, issued by the Information Technology and Cyber Security Service (STISC), mobile electronic signature from the mobile phone operator, electronic identity card issued by the Public Services Agency (ASP), MobiSign mobile application free of charge. The legal regulation of the settlement of disputes arising from electronic legal documents in the Republic of Moldova does not have a separate regulation, being left either to the discretion of the parties to regulate this aspect in the contract, referring to the general provisions applicable to any dispute, or to the alternative methods of settlement of the dispute, but in this case it must be expressly regulated by the parties through a separate clause or convention.

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