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The e-ID Framework for the first time allows a distinction between the concepts of signature,
an element that represents an individual’s consent by means of a legal act, and the idea of
identification in electronic environments, contained in the electronic identification concept.
A signature is a means that the law acknowledges to bind a document to its author. In a wide
sense, a signature is any method or symbol used by an individual with the purpose of binding
him/herself or authenticating a document. (LORENZETTI; 2001). The techniques used to sign
may be varied: from a handmade drawing on a piece of paper (handwritten signature), a manual
signature contained in a stamp, the digitised handwritten signature, a shared key (for example in
ATM’s), a biometric identification or an asymmetric key recognized or not in a PKI scheme. But
any of these techniques will be legally recognized as the individual’s “signature” (RIVOLTA; 2010)
Our Civil Code, the foundation of the system of civil law in Argentina, established that the
signature has to be a requisite to validate private and public instruments, as the expression of the
individual’s consent with the object of the legal act. The Code written by Vélez, dated in 1869,
in its articles does not require that the signature be handwritten, except for the holographic
testament. In effect, article 3639 establishes that:
Art. 3.639. The holographic testament to be valid as regards its forms has to be entirety
written, dated and signed by the testator’s own hand. The lack of any of these formalities
annuls its entire content.
On the other hand, our Civil Code establishes that the forms and solemnities of legal acts shall
be those established by law in the place of enforcement.
Art. 950. Respect to the forms and solemnity of the legal acts, their validity or nullity will be
ruled by the laws and customs of the place where they are celebrated (article 12).
At the same time, the Code foresees the existence of public and private instruments. In every
case, the signature constitutes an essential requisite. The absence of a signature turns the act
null.
Art. 988. For a public instrument to be valid, it essentially requires that it be signed by all the
interested parties that appear as part of it. If any or some of the solidary or merely joint cointerested
parties shall not sign it, the act would have no value for all those who had signed
it.
Art. 989. Public instruments are annullable when any of the parties that appeared to have
singed on them, shall claim that they are completely, or in their principal part false, or if those
instruments have amendments, words inserted between lines, erasures o alterations in their
essential parts, such as date, names, quantities, amounts, objects, etc., not amended to that
effect.
Art. 1.012. The signature of the parties is an essential condition for the existence of any act
being private. The signature cannot be replaced by signs or by the initials of first and last
names.
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