Possibility to replace a specific formal requirement of making a binding declaration of intention

• The Bolivian Civil Code (Art. 452) establishes that contracts can be made in any form the parties choose, unless the law requires a specific form.
• Forms can include oral, written, digital, or even symbolic expressions of will.

• Certain legal acts mandate strict formalities that cannot be substituted:
• Sale of real estate: Requires notarial public deed plus registration.
• Wills: Must be holographic or notarial.
• Marriage: Civil ceremony before a registrar.
• Certain powers of attorney: Require notarial form.
• These solemn forms must be strictly complied with.

• In these cases, declarations of will may be expressed:
• Verbally
• In writing (including electronic)
• By conduct (tácitamente)
• Via electronic signatures or digital platforms if identity and intent are verifiable.
• This applies to most standard civil/commercial contracts, basic employment agreements, online terms consent, and internal policies.

• Supported by:
• Law No. 164 (Ley General de Telecomunicaciones, TIC): Recognizes electronic documents and signatures as valid if integrity and authorship are guaranteed.
• DS No. 1793 (2013) and Law No. 1036 (2020): Regulate advanced electronic signatures (firma digital certificada) for public and private sectors.
• Conditions for valid electronic declarations:
• Parties consent to electronic form.
• Technology ensures authenticity and integrity.
• No solemn form requirement applies.

Presence of any specific formal requirements to effectively conclude a loan agreement

• The Bolivian Civil Code and Commercial Code govern loan agreements (mutuo), allowing flexibility in formalities.
• Written form is not strictly mandatory unless:
• The loan amount is large, prompting parties or courts to demand written proof.
• The loan involves real estate or secured interests, which require notarization and registration.
• Verbal loans are legally valid but harder to prove, so written agreements are standard practice.

• Civil Code (Articles 1510 onward): Defines loan contracts, obligations, and effects.
• Commercial Code: Governs commercial loan agreements.
• Law No. 393: Regulates loans by financial institutions.
• Consumer Protection Law No. 453: Protects borrowers and mandates clear contract terms.

• Identification of borrower and lender
• Loan amount and currency
• Interest rate and payment terms
• Duration and maturity date
• Repayment schedule
• Default and remedy clauses
• Applicable law and jurisdiction
• Signatures of both parties (essential)
• Notarization recommended for significant loans to ensure evidentiary strength.

Process of conclusion of a contract by using a qualified electronic signature in practice

• Law No. 164 (2011): Establishes the validity of electronic documents and signatures.
• Supreme Decree No. 1793 (2013): Regulates issuance and use of Advanced and Qualified Electronic Signatures.
• Law No. 1036 (2020): Updates and strengthens electronic signature framework, including use in public administration.

• A Qualified Electronic Signature is issued by a certified provider using secure devices.
• It carries the same legal effect as a handwritten signature under Bolivian law.
• Guarantees:
• Signer’s identity
• Document integrity
• Non-repudiation

• Contracts signed with QES are presumed valid and binding.
• Challenges to validity require proof that:
• The signature is invalid,
• The certificate was compromised, or
• The signer did not intend to sign.

• Commercial contracts
• Financial agreements
• Government procurement
• Public administration forms
• Employment contracts

Legal consequences to a contract in case of not fulfilling formal requirements

• According to the Bolivian Civil Code (especially Article 1440):
• If the law requires a specific form, failure to comply typically causes nullity or unenforceability.
• If no specific form is mandated, contracts can be validly made verbally or by conduct but may be harder to prove.
• Article 1440 explicitly states contracts made without mandatory form are valid but evidentially weaker.

• Null contracts are void from the outset (ab initio).
• No enforceable rights or obligations arise.
• Courts or interested parties may declare nullity.

• Contracts may be ratified or confirmed by subsequent compliance with formalities.
• Re-execution with proper form cures formal defects.
• Courts sometimes admit extrinsic evidence to prove existence despite missing formalities, if permitted by law.

Usual practice of signing contractual agreements in the B2B sector

• Most B2B agreements are prepared in writing to ensure clarity and legal certainty.
• Common contract types include sales, supply, service, distribution, lease, rental, licensing, and technology agreements.

• Physical Signatures:
• Traditionally, contracts are signed manually by authorized representatives.
• Hard copies with signatures and sometimes company stamps or seals are retained by both parties.
• Electronic Signatures:
• Increasingly accepted, especially Qualified Electronic Signatures (QES) regulated by Law No. 164 and related decrees.
• Use of scanned signed documents exchanged via email is common.
• Larger companies and multinationals often use digital signing platforms for efficiency.

• Signing is done by persons with legal authority or power of attorney, such as directors or managers.
• Internal approvals or corporate resolutions typically precede signature for important contracts.

• Generally, not required for most commercial contracts.
• Required only in specific cases such as:
• Transfer or lease of real estate
• Certain guarantees or security instruments
• Other solemn contracts as mandated by law

• Each party typically receives a fully signed original or a certified copy.
• Counterpart clauses allowing multiple originals with equal validity are common.

• Clearly identify parties and their authority.
• Include governing law and jurisdiction clauses, usually opting for Bolivian law and courts.
• Maintain records of negotiations and approvals.
• Use clear, detailed language to minimize ambiguity and disputes.

Usual practice of signing contractual agreements in the B2C sector

• Written contracts are common for products or services involving ongoing obligations, financing, or significant consumer commitment.
• For low-value or simple purchases, contracts may be implied via receipt issuance or verbal agreement.
• Common B2C contracts include loan agreements, insurance policies, utility contracts, service subscriptions, and consumer credit agreements.

• Physical Signatures:
• Most consumer contracts are signed manually at points of sale, bank branches, or service offices.
• Physical signatures on paper remain the standard to ensure clear consumer consent.
• Copies or receipts are generally provided to consumers.
• Electronic Signatures:
• Increasing use of electronic signatures and digital acceptance (clickwrap, online forms) is observed.
• Supported by Law No. 164 and related regulations, qualified electronic signatures (QES) are legally valid.
• Common in banking, telecommunications, and other sectors for account opening and service contracts.

• Law No. 453 (Consumer Protection Law) mandates:
• Clear, transparent contract terms
• Voluntary and informed consent
• Inclusion of cancellation, refund policies, interest rates, and fees (for credit contracts)
• Consumers must receive copies or electronic confirmations of signed contracts.

• Widely used in banking, insurance, and utilities sectors as adhesion contracts.
• Presented as pre-printed or electronic terms, accepted by signing or clicking “I agree.”

• Generally, not required except for:
• Real estate purchase or lease agreements
• Powers of attorney linked to consumer transactions

• Businesses keep originals or electronic copies of contracts as proof.
• Consumers have rights to access contract terms and modifications.
• Electronic records must comply with data protection regulations (Law No. 164).