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النظام القانوي للتوثيق الالكتروني : دراسة مقارنة == The Legal System Of Electronic Documentation (Comparative Study)
Author name:
اكرم تحسين محمد حسن
Supervisor name:
غني ريسان جادر الساعدي
General topic:
Law
Specific topic:
Civil Law
Degree:
Master
University:
University Of Basrah - College Of Law And Politics - Department Of Private Law
Language:
Arabic
University location:
Basrah
First pages:
13T1620 - p.pdf
Abstract:
The confidence and trusts of the parties of electronic deal are of the utmost priorities shall be founded in the electronic dealings due to the unavailability of the physical presence of the personnel at the time of making the transaction and owing to the availability of the confidence, security and assurance, a system should be found to add legal value to the electronic acts reflecting positively on the dealers or parties of the electronic transactions ; that is, the electronic documentation system.The aim of this study is to identify the legal system of electronic documentation, according to the law of electronic signature and electronic transactions of Iraq no.78 of 2012 through putting definition for electronic documentation showing its legal nature, extent and roles.In addition, this thesis showed the doer of electronic documentation who is neural person shall be got the courtesy from the concerned destinations and also showed the obligations of documentation provider and his responsibilities. This thesis argued the matter of electronic documentation certificate, its conception through defining it, showing statements and data shall be available in and also types of certificates and the validity of electronic documentation certificate through showing its legal value , and recognition with international or foreign documentation certificates, and lastly the rules of electronic documentation through argument to the suspension of electronic documentation certificate and cancellation of certificates and objection against decision of suspension and cancellation.CAll that are under the rules of Iraqi Law in comparing with some Arab national and International laws and legislations in compliance with the performance of the jurisprudent and their trends.If conditions are made available, the electronic documentation is considered the skeleton of the electronic trade and a safety valve to which contractors resort when contracting to ensure the rights of both parties. The electronic documentation is an elective process when contractors desire to give a legal authentication to the electronic act and equate it with the traditional acts.Thus, electronic documentation system is of a paramount importance, if not today, in the near future because of the great role that the electronic trade plays and community's resort to electronic means instead of traditional ones. This would save time, effort, speed and cost which will reflects positively on the electronic documentation and its importance in the legal sphere.Legal documentation is a number of technical procedures conducted by a neutral licensed party, aiming at preventing misuse of the content of electronic act, and without any doubt, attributing it to the right party. These procedures could be achieved by the service provider of the electronic documentation ending up with issuing a certificate of the electronic documentation.
