حجية التوقيع الالكتروني و دوره في الإثبات

Abstract

The electronic signature is a new form of signature that appeared taking many forms. The digital signature and signing by confidential number of magnetic cards are one of the most common forms. It may be that new forms appear in the future. In order that the electronic signatures will be evidence, it must fulfill the role that plays the usual signature concerning the identity of the signatory and express willingness to execute the content of the legal act Coding is the technical procedure to protect and preserve its confidentiality and prohibit others to know or use it illegally. In light of the traditional rules, it can benefit from exclusions established by law for the electronic signature will be evidence. However, to rule on its persuasiveness, it belongs to the conviction of the judge if he ensures its accuracy and the person who uses it as a proof, that is why several Arab countries have followed the method of foreign countries by creating separate laws for electronic signature or to be mentioned in the civil Code as the case of the Algerian legislature. The electronic signature shall comply with such conditions according to the laws and legislation and that it is established by virtue of a notarial deed done by an authorized or recognized department, otherwise, the signature is not recognized. Besides the technical protection, the legislations have added a criminal protection for electronic signature against any aggression

The electronic signature is a new form of signature that appeared taking many forms. The digital signature and signing by confidential number of magnetic cards are one of the most common forms. It may be that new forms appear in the future. In order that the electronic signatures will be evidence, it must fulfill the role that plays the usual signature concerning the identity of the signatory and express willingness to execute the content of the legal act Coding is the technical procedure to protect and preserve its confidentiality and prohibit others to know or use it illegally. In light of the traditional rules, it can benefit from exclusions established by law for the electronic signature will be evidence. However, to rule on its persuasiveness, it belongs to the conviction of the judge if he ensures its accuracy and the person who uses it as a proof, that is why several Arab countries have followed the method of foreign countries by creating separate laws for electronic signature or to be mentioned in the civil Code as the case of the Algerian legislature. The electronic signature shall comply with such conditions according to the laws and legislation and that it is established by virtue of a notarial deed done by an authorized or recognized department, otherwise, the signature is not recognized. Besides the technical protection, the legislations have added a criminal protection for electronic signature against any aggression