حجية المحرر الإلكتروني في الإثبات الععقد الإلكترونى نموذجا

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2012

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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.

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العقد الإلكترونى, القانون

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