P.R. Laws tit. 10, § 4082

2019-02-20 00:00:00+00
§ 4082. Scope

(a) Except as provided in subsection (b) of this section, this chapter shall apply to all electronic documents and electronic signatures with respect to a transaction.

(b) Except as provided by special law, this chapter shall not apply to the following transactions:

(1) Transactions concerning succession law, including but not limited to, transactions related to wills, estate inventories, the functions of the accountant-auditor and the functions of the executor.

(2) Transactions concerning family law, including but not limited to transactions concerning procedures of adoption, child support and custody of minors, recognition of children, marriage, prenuptial agreements and divorce.

(3) Judicial procedures, including but not limited to notices, documents, court orders, resolutions, judgments or a writ issued or submitted with respect to any judicial procedure in the General Court of Justice of the Commonwealth of Puerto Rico.

(4) The termination or cancellation of basic services, including any file or document through which the termination or cancellation of electric power, water and sewers, telephone, gas or any other analogous utility service is notified.

(5) Notices regarding failure to comply, acceleration, repossession, execution, eviction or the right to rectify failures to comply with respect to lease agreements on a main residence and contracts whose object is any debt guaranteed by the main residence of the debtor.

(6) Notices of the cancellation or termination of an insurance policy, the benefits of a medical insurance plan, or a life insurance policy.

(7) Notices to withdraw a product from the market or public warnings on an essential defect of a product.

(8) Transactions executed pursuant to the Uniform Commercial Code (UCC), with the exception of those executed pursuant to Sections 1-107 and 1-206, Article 2 and Article 2(a).

(9) Transactions governed or regulated by the Notarial Act, §§ 2001 et seq. of Title 4, or the regulations thereof which may apply.

(10) Any other transaction that is ruled as excluded by a special law.

(11) Any other transaction or act that needs a requirement of form pursuant to the Civil Code to be valid.

(12) Such transactions that involve documents that should be enclosed with any hazardous materials, pesticides, or any other toxic substance or material, in the transportation or handling of such materials and substances.

(c) This chapter shall apply to any electronic documents or signatures that otherwise would be excluded from the scope of this chapter under subsection (b) of this section, to the extent that the electronic documents or signatures are regulated by any statute that is not among those listed under subsection (b) of this section.

(d) Any transaction that is subject to this chapter shall also be subject to any other applicable law. Therefore, the provisions of this chapter do not substitute or modify the norms that regulate the obligations corresponding to the officers that have legal power to attest in documents with respect to the scope of their competence, provided that they act in accordance with the requirements of the law.

History —Aug. 8, 2006, No. 148, § 3; Oct. 25, 2010, No. 155, § 3.