The Legal System of Electronic Signature and its Authenticity in Proof

Authors

  • Qutaiba Nazar Jasim 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

Keywords:

Electronic Signature, Electronic Signature Authenticity, Electronic Document.

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.

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Published

2024-02-01

How to Cite

Qutaiba Nazar Jasim, Emad Saleh Mohammed, Majed Shehab Alramadan, Jalal Jabbar Aleiwi Al-Majidi, Ahmed Ibrahim Ahmed Attia Khalil, Mohammed Ghaleb Waheed, … Hind Qasim Mohammed. (2024). The Legal System of Electronic Signature and its Authenticity in Proof. Kurdish Studies, 12(2), 4441–4450. Retrieved from https://kurdishstudies.net/menu-script/index.php/KS/article/view/2555