213 LAW OF OBLIGATIONS lated by law, texts that may be sent and stored with a secure electronic signature replace the written form of those texts. Similarly, pursuant to Article 5 of the ESL, a secured electronic signature has the same legal effect as a handwritten signature. For this reason, the condition that an electronic signature is “secure” plays an important role in terms of the written form requirement. Among the conditions under Article 4 of ESL, the condition of being “based on a qualified electronic certificate” draws attention, because the electronic signatures that do not fulfil such conditions will not be deemed secured and, therefore, they will not fulfil the written from requirements. Pursuant to Article 14 of the ESL, electronic certificates and electronic signatures shall be provided by electronic certificate service providers. Electronic certificate service providers may carry out their activities by notifying the Information and Communication Technologies Authority (“ICTA”). Therefore, it is important that the electronic certificate and electronic signature are provided by an electronic certificate service provider that is acknowledged by ICTA. Application Area of Electronic Signatures in Turkish Law As mentioned above, a secured electronic signature has the same legal effect as a handwritten signature and it replaces the written form. From this point of view, it is possible to say that as a general rule, a secure electronic signature can be used in contracts where the laws require a written form requirement. However, in exceptional cases stipulated by legislation, it is also possible that a secure electronic signature may not meet the written form requirement. Pursuant to Article 5/2 of the ESL, legal transactions that are subject to an official form or a special ceremony by law, and guarantee agreements other than bank letters of guarantee, cannot be executed with a secure electronic signature. For instance, pursuant to Article 583 of the TCO, a surety contract will not be valid unless it is made in writing, and the maximum amount that the surety will be responsible for and the date of guarantee are specified. It is obligatory for the surety to indicate the maximum amount for which they are responsible, the date of the suretyship, and, in the case of joint surety, that they are under obligation in this capacity or with any expression that
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