When buying an apartment, making a lease or making some kind of transaction, we are used to taking only original documents with us. Moreover, often among office or home papers, their duplicates are also stored. What if the original of an important contract is lost? An idea comes to mind to provide a scanned copy at the meeting.
In fact, this situation is not a problem. And the scan of the agreement, if any, has legal force, even if it is not officially certified by a notary. But nevertheless, it will be necessary to restore the original of the contract, since in case of court proceedings it will still be required, because it is a document that can be restored.
Without getting up from your chair
The situation is more complicated with transactions that have not yet been completed. In the modern world in the context of globalization, many companies located in different cities and even countries conclude an agreement using electronic means of communication. It is efficient and economical both in terms of time and finance. Whatever one may say, but it will be extremely costly for the company to regularly send its employee, for example, from St. Petersburg to Vladivostok so many times until the deal is completed. But only a copy of the contract drawn up by the other party can be received by e-mail or fax. Accordingly, both the seal and the signature of the counterparty in the document will be only a copy. Your signature and stamp on the document will be original, but when sent to the second party, it will also become a copy.
Is it even legal to conclude a contract in this way? The Civil Code of the Russian Federation answers this question positively, since an agreement can be concluded in any form if it is provided for by law for making transactions (Civil Code of the Russian Federation, article 434, clause 1). Clause 2 of this article also confirms the legality of drawing up a contract by sending letters, faxes, telegrams and also, attention, electronic documents between the parties. True, there is one "but" here. The code says that such documents must be transmitted through communication channels that allow you to accurately establish from whom they are sent.
Where is the proof?
It is impossible to reliably establish a person on the Internet. However, in court, it is possible to prove that there was a contractual relationship with the second party if there are facts confirming this. It would be strange if the contract was concluded in one day, without any correspondence in which the parties clarify the terms of the transaction, without paid bills. Bank statements will become an unconditional confirmation that the scan of the agreement signed via the Internet is valid.
