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The Spanish Lawyer Online

Are contracts received via the Spanish Post Office legally binding?

Administrative Law

Francisco Garcia Ramirez

17th of May 2001

Q. I have been told by the UK Post Office that contracts received in Spain through the Postal Service are not legally binding and that is it is illegal for persons to receive contracts in Spain in that fashion. Is that correct?

Milton Keynes, England

    A. I cannot see why a contract received via the post office, with an original signature stamped on it, is not valid. And it seems ludicrous to claim that it is illegal for a person to receive a contract via the post office. It would be illegal to receive drugs or similar products, but contracts are perfectly valid insofar as the identity of the person signing it can be established.

    There is now a recently implemented system where you can send documents via postal fax, benefiting from a recorded delivery and also acknowledgement of content. This system is useful for notifications and so on. A contract sent in an envelope from one country to another has always been used as a system to ratify in writing agreements between parties in different cities or even countries, and it is still being used. Now, the electronic signature will begin to replace this system.

    If you need help regarding any cross-border contractual matter let us know.

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