حجية المحرر الإلكتروني في الإثبات الععقد الإلكترونى نموذجا
Date
2012
Authors
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Abstract
Abstract
The study titled (The Argument of Electronic Documents Confirmation)
which aimed to the performance of the electronic documents and its role
as a complete testimony documents to improve the electronic contracts in
both elements; electronic documents and signature, in order to respond
the legal claims now or in the future at the intemational stage, and has a
legality argument for all electronic statements.
The researcher study the situation of Sudan legislator in accepting
electronic documents and signature and its confirmative improvement and
compare it with the Sudanese law of electronic statement in the year
2007, also with some of Arabic of electronic legislators specially in
Algeria and Egypt . in review with the trading law ( ONASTRAL ) issued
by the United Nation in 1996. As a specimen for countries to enable them
to issued a National Legislate Electronic Trading , the researcher depends
on a descriptive method to collect the data of electronic documents from
its basic resources, and compare it with other legalizations. The
researcher analyzed the collected data and sort it according to its subject
where addressed the electronic contracts, and identify its conditions and
features, also identify the governmental and the private documents to
confinn its improvement. Then apply its condition with electronic
documents, and then the confirmative improvement of the electronic
signature and the documents.
the important fmding of the study are:
l. The legal confess of statement procedure through the electronic
means in contracting, improving and to argued legal properties. that
happened by the required legalization to edit and improve the contract.
2. There is no fixed legal rules for electronic statements and signature.
And not applicable specially in Arab countries with the intemational
standards.
The study recommended the following:
1. Must support the argument confinnative of the electronic
documents legally , figh and judiciary on improvement cases.
2. the importance of affect the role of the scientific researches
institutions to search and develop these electronic documents.
3. all legalities and specialist of information technology in formulating
and issuing an integral law of electronic documents to all electronic
statements.
Description
Keywords
العقد الإلكترونى, القانون