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The signature requirements pertain the legal or contractual requirements in order to make a legally effective declaration of intent or a legally binding contract.
Possibility to replace a specific formal requirement of making a binding declaration of intention
In Slovenia, eIDAS Regulation has direct effect, according to which an electronic signature should not be denied legal effect on the grounds that it is in an electronic form, or that it does not meet the requirements of the qualified electronic signature. A qualified electronic signature has the equivalent legal effect of a handwritten signature. The eIDAS Regulation was implemented by adopting Electronic Identification and Trust Services Act (“ZEISZ”). There is also Electronic Business and Electronic Signature Act ("ZEPEP"), which regulates electronic business, including business in electronic form by the use of information and communication technology, and the use of electronic signatures in legal affairs. According to ZEPEP, if a law or regulation requires a written form, the electronic form shall be deemed equivalent to the written form if the information in the electronic form is accessible and suitable for subsequent use.
Slovenian legislation does not contain any provisions regarding the legal effects of different types of electronic signatures. In accordance with the case law, e-signatures are admissible if they enable the identification of the signatory.
Presence of any specific formal requirements to effectively conclude a loan agreement
In general, Slovenian legislation does not require a loan agreement to be in writing, so oral agreements are valid. However, although the law does not provide for a specific form of loan agreement, it is recommended that a loan agreement be concluded in writing in order to facilitate proof of the existence of the loan and other agreements relating to the loan. However, under the Consumer Credit Act, the credit agreement, where the borrower is a consumer, must be in writing.
Process of conclusion of a contract by using a qualified electronic signature in practice
A qualified digital signature requires a qualified digital certificate. In Slovenia, qualified digital certificates are issued by eight qualified identification services providers: Republic of Slovenia, Bank of Slovenia, EIUS d.o.o., Rekono d.o.o., SETCCE D.O.O., Post of Slovenia, Nova Ljubljanska banka d.d. and Halcom d.d.
Legal consequences to a contract in case of not fulfilling formal requirements
The contract is null and void. However, a contract required to be in writing shall be deemed to be valid, even if it was not concluded in that form, if the parties to the contract have performed, in whole or in substantial part, the obligations arising out of it.
Usual practice of signing contractual agreements in the B2B sector
Contractual agreements are usually signed with simple handwritten signatures, but electronic signatures (most commonly DocuSign) are also increasingly used.
Usual practice of signing contractual agreements in the B2C sector