الملخص الإنجليزي
This study aimed to shed light on the prospects for the authenticity of the
electronic signature in evidence, through a comparative study of the various legal
texts and legislation that dealt with the subject, by studying the problems raised
by the electronic signature, and identifying the nature of this signature, its legal
nature, the images and forms it takes, the protection assigned to it in electronic
transactions, and other aspects related to this authenticity. The study was based
on answering the problem raised, which is the nature of the electronic signature,
which is characterized by its intangible nature.
This requires studying and analyzing the degree of harmony and
compatibility between the handwritten signature in its traditional sense and the
electronic signature in its modern sense, as the signature in its traditional form,
which depends on its placement in the physical paper document, raises many
problems that occur when dealing with electronic media. This study addressed
judicial rulings and the suitability of legal texts that dealt with the authority of
the electronic signature in evidence.
This study concluded that electronic signatures and electronic documents
in general have become a reality that requires dealing with them, especially after
the legislator gave them the necessary attention and entered the scope of
legislation in the majority of countries, including Arab countries. This opened the
way for expansion of its application in electronic transactions and made the
subject of the electronic signature and document Electronic technology is an
important issue that no longer requires analysis and explanation of the reasons
for accepting it or not. This study recommended several recommendations, the
most prominent of which was the necessity of issuing a special law regulating
electronic signatures, based on the ideas contained in the modern UNCITRAL
law, including the provisions it contains regulating this type of signatures.
Key words: Validity, Electronic Signature, Evidence.
