On October 16, 2025, the National Chamber of Appeals in Commercial Matters (the “Court”) rendered its decision (the “Decision”) in the case “Garantizar S.G.R. v. García, Ana Inés s/ Ejecutivo”, recognizing the full legal effectiveness of electronic enforceable instruments.
Facts
The court of first instance dismissed in limine the enforcement action based on instruments signed electronically, arguing that the law recognizes the validity only of a digital signature, namely one that can be verified by third parties, allowing the identification of the signatory and the detection of any alteration of the digital document after it has been signed. The claimant appealed the decision before the Court.
The Court’s Decision
The Court referred to the case “HSBC Bank Argentina S.A. v. Ospina Parrado, Néstor A. s/ Ejecutivo” and upheld the following considerations:
– The Digital Signature Law recognizes the legal effectiveness of electronic signatures under the conditions established by the law.
– Technological changes affecting legal acts do not stem from legal regulations but from social changes; therefore, new contracting practices should be interpreted in a broader and more flexible manner.
– In accordance with the principles of freedom of form and freedom of evidence, a digital document executed with an electronic signature evidences the manifestation of intent and perfects the legal act.
Accordingly, the Court reversed the decision of the court of first instance, concluding that “it is consistent with the times to allow the pursued procedural route based on the instruments submitted by the claimant,” provided that the applicable rules do not require any specific formality.
