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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
Slovenian legislation currently does not contain any specific legislation regarding e-signatures. eIDAS Regulation has direct effect. According to the eIDAS Regulation 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.
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
A loan agreement has to be concluded 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 four (4) providers of qualified trust services: the Ministry of Public Administration; Post of Slovenia; Nova Ljubljanska banka; and Halcom.
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
Contractual agreements are usually signed with simple handwritten signatures, but electronic signatures (most commonly DocuSign) are also increasingly used. Handwritten signatures are mainly used for contracts for which the law requires a written form, such as consumer credit agreements.