المستخلص: |
The Iraqi electronic signature and electronic transactions law, as well as the Jordanian electronic transactions law, granted the electronic document the authenticity in evidence. However, this authority granted by law has the weight of the ordinary document provided that the electronic document has a set of conditions that comply with the ordinary document to the extent appropriate to the special nature of the electronic contract. It requires the writing condition which indicates its origin, and requires that the electronic document can be saved in the form in which it was created. This saving ability may be in many forms such as magnetic tape or CD or through the Internet provided that any alteration, amendment or destruction to the electronic document can be easily discovered. The Iraqi and Jordanian law require that the document shall be authenticated or certified by the government in order to grant it the authenticity evidence. This special nature of the electronic document created a method of proceedings that differs in its procedures from the ordinary one in terms of submission of documents, the method of service of notice, and others. The aim of the study is to show the extent of authenticity of the electronic document in the evidence. The comparative analytical method of legal texts has been used for both Iraqi and Jordanian law.
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