What do I do if I receive a burofax?
Receiving a burofax may generate some uncertainty and concern, but it is important to be informed about how to act in this situation. In this article, we will provide you with all the information you need to receive a burofax safely and legally.
Legal consequences of receiving a bureaufax
The burofax is a legal tool used to send notifications in a reliable way. When you receive a burofax, a series of legal consequences are established that you must take into account:
- Evidentiary force: a bureaufax has greater evidentiary force than an ordinary or registered letter. This means that, in the event of litigation, the burofax can be used as evidence in court. This probative force is greater if you use a provider such as MailComms Group, certified as a qualified provider of trusted e-services by the Ministry of Economic Affairs and Digital Transformation.
- Certification of the content: the sender of the bureaufax has the option to request certification of the content of the communication. This allows you to prove the sending and content of the bureaufax to a court or third party.
Receipt of a bureaufax by a third party
In some cases, the addressee of the bureaufax may not be at home at the time of delivery. In these situations, the bureaufax may be received by third parties. However, the receipt by third parties may generate some complexity and it is important to know the applicable legislation and jurisprudence.
Spanish regulations establish that, if the addressee is not at the address, the burofax may be delivered to any person over 14 years of age who provides proof of identity (Article 42 of Law 39/2015, of October 1, of the Common Administrative Procedure of Public Administrations) who is on the premises. This person must sign an acknowledgement of receipt on behalf of the addressee.
Delivery shall also be valid for all purposes even if receipt is made by a doorman or janitor or even by a representative person in the building who assumes responsibility for receiving the notice.
Rejection of a burofax
The burofax can be rejected, but there is jurisprudence that considers the sending of the burofax as good, even if the receiver does not accept it.
It is important to note that if the addressee has established a system for refusing the receipt of bureaufaxes by third parties, he/she must inform the post office beforehand. In this case, the delivery of the bureaufax can only be made directly to the addressee.