Written Form of Email Communication in the Legal Context
One of the most important formal requirements for the validity of legal declarations is the written form. A legal declaration is a legal act by which a party expresses their intention to bring about legal consequences. Legal declarations may be unilateral or bilateral, such as contracts.
The Role of Email in Legal Communication
With the advancement of electronic communication, the question arises whether email communication can meet the requirements of the written form. Under the Hungarian Civil Code, the requirement of written form is met if the declaration is recorded in writing and the declarant can be identified. Consequently, a legal declaration made by emailcan, as a general rule, be considered written, provided the sender’s identity is clearly identifiable and the content can be reproduced in unchanged form.
Case Law and Judicial Practice
Judicial practice acknowledges that a legal declaration made via email – under certain conditions – can meet the requirement of written form. In decision No. Pfv.VI.20.908/2019/4, the Hungarian Supreme Court (Kúria) stated that an email can be considered a written declaration if the addressing, the identity of the sender, and the prevention of post-sending modifications are ensured.
Example: A modification declaration to a service contract was accepted as written by the court, as the email included a signed PDF attachment and was sent from the company’s official email address.
Exceptions to Email-Based Declarations
In certain cases – such as real estate sales or inheritance contracts – email communication alone is not sufficient due to stricter form requirements. In such matters, a public document or a private document with full probative value is required. An electronic document is considered such only if it is signed electronically or the identity of the declarant is verified by other means (e.g., through the Hungarian client portal Ügyfélkapu).
Example: In the case of a real estate sale, emails exchanged between the parties are not sufficient, as the law requires a public deed. Neither unsigned emails nor unsigned attachments can substitute this form.
Summary and Recommendations
In summary, email communication may generally be suitable for making a written legal declaration, but stricter formal requirements must be observed in specific cases. To ensure the validity of legal declarations, it is recommended to use appropriate methods of electronic identification and archiving.
Dr. Katona Géza, LL.M. ügyvéd (Rechtsanwalt / attorney at law)
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Katona és Társai Ügyvédi Társulás
(Katona & Partner Rechtsanwaltssozietät / Attorneys’ Association)
H-106 Budapest, Tündérfürt utca 4.
Tel.: +36 1 225 25 30
Mobil: + 36 70 344 0388
Fax: +36 1 700 27 57