The Legal System of Electronic Signature and its Authenticity in Proof
College of Law, Al-Esraa University, Baghdad, Iraq
Emad Saleh Mohammed
College of Law, Al-Esraa University, Baghdad, Iraq,
Majed Shehab Alramadan
College of Law, Al-Esraa University, Baghdad, Iraq
Jalal Jabbar Aleiwi Al-Majidi
College of Law, Al-Esraa University, Baghdad, Iraq
Ahmed Ibrahim Ahmed Attia Khalil
College of Law, Al-Esraa University, Baghdad, Iraq,
Mohammed Ghaleb Waheed
College of Law, Al-Esraa University, Baghdad, Iraq,
Dhafar Kamal Yaseen
College of Law, Al-Esraa University, Baghdad, Iraq
Ismael Jaber Dhahir
College of Law, Al-Esraa University, Baghdad, Iraq,
Noor Layth Mahdi
College of Law, Al-Esraa University, Baghdad, Iraq
Mustafa Atiyah Ibrahim
College of Law, Al-Esraa University, Baghdad., Iraq
Hind Qasim Mohammed
Technical Engineering College, Middle Technical University, Baghdad, Iraq
Abstract
Due to the great importance of signature in proof, the rules of proof in general do not accept customary documents unless they are signed. The unsigned documents are only accepted as a principle of proof in writing that requires other evidence. The court’s acceptance of electronic contracting requires an authoritative acknowledgment of the electronic signature and its reliability as evidence in disputes Evidence laws required, in addition to substantive conditions, formal conditions, as the signature on paper documents was limited to signature, stamp or fingerprint. This means that any other form has no effect. However, due to the importance of electronic transactions in our contemporary time, the growth of electronic commerce and the emergence of new concepts such as electronic government, the legislation of countries has organized the electronic signature and granted it authenticity in proof within objective conditions.