The authority of the electronic document in case of conflict with the paper document according to the Jordanian legislation and the comparative legislation "Comparative Analytical Study"

Abstract

The technical development in modern means of communication and the proliferation of social networking sites made it possible to conclude contracts via the Internet. This led to the emergence of a new type of writing and signature that is electronic in nature, in addition to the existence of paper contracts, where data messages are exchanged via the Internet and uploaded to electronic supports, in addition to sending them on paper to the contractor. Which may lead to a dispute between an electronic editor and a paper editor, whether formal or regular, and both of them contain the same contract, but there is a conflict between them? Which one will the judge prefer?In order to answer the problematic of this research, this study followed the comparative analytical approach, and it came to the conclusion that the Jordanian legislator called for adding a text to the Electronic Transactions Law that gives the judge the wide discretionary power in the event of denying the document or the electronic signature or its conflict with the paper document to return to the electronic certification authority as the owner of the role The largest in proving electronic contracting.