Will electronic signature substitute the traditional manuscript one? [an extended version of the article in the electronic form]
Abstract
The legal conditions of the written form of a legal transaction changed essentially in Czech Republic in September 2016. In July 2016 the part of the EU regulation eIDAS entered into the force and in September the new Czech Act No. 297/2016 Sb., regarding the trust services, entered into the force too.
It seems that to satisfy the needs of the written form it is enough to use the simple electronic signature. The paper deals with the functions of the traditional manuscript signature, especially using the German legal theory.
It analyzes which of these functions are covered by different implementations of the electronic signatures as well as by different definitions and requirements of the law. The definition of the simple electronic signature used in the eIDAS regulation is analyzed in a deep detail using also different legal comparisons.
Notions about the lack of the evidentiary use and the possible means which supplement it are mentioned too. This electronic version of the full article, in comparison to the printed version of the article, additionally contains especially the interpretation of the electronic transactions in the private law of Czech republic.
The paper is written in Czech language.