LEGAL CONTROLS FOR THE VALIDITY OF ELECTRONICALLY SIGNED DOCUMENTS

Abstract

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 ?.