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The Civil Code provides for the principle of freedom of forms for the legal acts celebrated by
private instruments.
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Art. 1.020. For the acts under private signature there is no special formality. The parties can
write them in the language and solemnity they consider most convenient.
The Civil Code provides for the repudiation of the act, enabling the signer to repudiate the
content of such, through the probation elements considered convenient, except for that from
the witnesses.
Art. 1.017. El signatory nevertheless can object to the content of the act, proving that the
declarations and obligations contained in it are not those that he/she intended to do or
contract. This proof can be done with witnesses.
Summarizing, the introduction of the electronic authentication concept promoted by the el
Social e-ID Framework enables to clear differentiate between an individual’s identification
process in a digital environment, and the act of signing a document. Signing a document, both
on a paper-based or a digital document is the act of expressing an individual’s consent with
respect to granting a determined legal act.
Electronic authentication, on the other hand, is a previous stage, in which individuals appear
themselves before a system and prove their identity. They do not express will, or consent with
any legal act.
The Social e-ID Framework is a huge progress. It establishes a common matrix to start a dialogue
to facilitate the mutual acknowledgement of electronic identifiers, and the route of a coherent
path as regards individuals identification. Our countries are reporting progress in narrowing the
digital divide through effective actions in the field of social inclusion.
Therefore there is a new scenario in which individuals’ identification is a requisite that cannot
be deferred to attain an effective execution of public policies related to inclusion. At the same
time, the increase in ICT users is being accomplished thanks to digital inclusion educational
programs and the extension of the access to electronic means faces us with the challenge of
being prepared for an increase in digital services demand. This implies the deployment of quick
and safe electronic authentication mechanisms.
It would be desirable that national standards and rules be inspired in this Ibero American
Framework, as well as the agreements attained be in line with international schemes, i.e., be
based on community sources or international treaties that set up minimum common criteria
with a technologically neutral approach to endow them with the capacity of being current in
spite of the ongoing technological progress (LORENZETTI, 2001), (RIVOLTA; 2008).
The Social e-ID Framework is a first step.