Year:2023   Volume: 5   Issue: 2   Area:

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  3. ID: 786

Samira LALLOUCHE

LEGAL CONTROLS FOR THE VALIDITY OF ELECTRONICALLY SIGNED DOCUMENTS

The information and technology revolution and the widespread use of ‎modern means of communication and the Internet have led to the emergence ‎of the so-called electronic signature as a substitute for the written signature, ‎which is compatible with the nature of the legal actions of electronic ‎documents. The traditional signature is no longer the only method used to ‎authenticate documents and give them authenticity, but it has become ‎possible to use a new technology to document electronic documents, and ‎because the traditional signature could not be used in the latter, an electronic ‎alternative appeared in line with its nature called "electronic signature". Due to the importance of the electronic signature in electronic transactions to ‎give them the required credibility to build trust between the dealers, ‎organizing the various aspects of the electronic signature has become a ‎necessity. And all the legislations that organized the electronic signature ‎recognized the authority of the latter in proof, equivalent to the authority ‎recognized for the traditional signature. That is why our research comes to ‎shed light on the legal importance of the electronic signature, especially in ‎the face of the emergence of modern technologies, and in different forms that ‎can be used in concluding legal actions. And the fact that the electronic signature is a modern means of proof, and ‎this has sparked a great jurisprudence and legal debate about recognizing its ‎authority and the possibility of relying on it in proving various transactions, ‎especially electronic commerce transactions, the problem that we will try to ‎address through this topic is mainly related to the evidentiary power that the ‎electronic signature enjoys in proof. Accordingly, this intervention revolves ‎around answering a major question: What is the validity of the electronic ‎signature in proving electronic actions? Does the electronic signature have ‎the same authority as the traditional signature in proving various contracts, ‎especially electronic commerce contracts

Keywords: Electronic Signature, Digitization, The Internet, The Contract.

http://dx.doi.org/10.47832/2717-8293.22.53


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