Electronic Document
Its-Evolution-and the extent of proof in civil authoritative
The study also subject to a degree of importance: the electronic document - evolution - the elements - and how authoritative proof in civil, where the importance of electronic document emerged with the spread of the Internet and increased use in general and particularly in conducting civil and commercial transactions under the so-called electronic commerce, and Although the electronic document does not differ from the ordinary authority in terms of its composition elements, going out completely from the scope of rules governing the terms of the overall regular bonds, but the special nature of the Internet and multi-service cross-border nature of these documents has characterized many aspects may require reconsideration of the lot Rules and concepts established in existing laws.
The study is the recognition that the legal requirements necessitating the use of traditional paper documents are a significant obstacle to the development of modern means of communication. Electronic document can not be considered, in itself, equivalent to the bill because the printer paper is different from the nature of the bond paper and it does not necessarily lead all posts bond paper envisaged. While it is possible, in fact, reading the paper documents the naked eye it is not possible to read the electronic document naked eye only if printed on paper or presentation on the screen. The letter dealt with what might be causing the form requirements of domestic and international impediments use of electronic commerce, and by expanding the scope of such concepts as writing, signature in order to cover computer-based techniques.
In pursuit of this objective depends on the functional equivalent approach which is based on an analysis of the purposes and functions of the traditional requirement on the use of traditional paper form, in order to determine how it can perform those purposes or functions through the techniques of electronic commerce. The study seeks to determine the equivalent of a computer-based electronic order to provide standards allow the electronic document when it meets the purpose to enjoy the same degree of legal recognition enjoyed by the bonds of traditional interview, which leads the same function.
Based on the foregoing, I studied this subject on three sections:
Part I: the legal system of electronic document: This included chapters on the door, the talk in the first of its elements and necessary conditions for the establishment of written evidence and availability of electronic document, and the second on the electronic document.
Chapter I: elements and necessary conditions for the establishment of written evidence and availability of electronic document:
Concludes that the legal texts do not care for pregnant mediator type of written statements of the esteem in this proof, the aim of writing, and the ability to retain the mediator including without it achieved it without recognition and thus the lack of any connection or legal language between Sindh and the necessity of codification of a mediator and elegance , Or a written form, so that the intended readers are being built in the light of function and purpose, and not based on the type of medium is used, or the form of symbols.
We concluded the definition of electronic writing as: a series of letters or numbers or even words or symbols, reflect the specific meaning accurate, in whatever form, whatever the means of transport, even if it did not show a significant physical or abstract to the reader without the use of other modes.
We concluded that the conditions must be met to write e-esteem in evidence, namely that the bond be readable and clear, understandable and attributed to Her, continuity, consistency and, when available, are writing e-book guide to prove physical bond paper.
Chapter II: electronic document:
We concluded it to the definition
المزيد
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