حجية التوقيع الالكتروني استنادا إلى القواعد العامة للإثبات و ضرورة التدخل التشريعي

الملخص EN

Legislative recognition of the probative value of the electronic signature as evidence before the judge has been preceded by attempts by the courts and the doctrine to use it, and only by the interpretation of general rules of evidence.

proof without modifying them or setting up new rules that adapt with its electronic nature.

This raised the question about the meaning of the general legal rules that allow the recognition of the electronic signature? Thus, this intervention aims to find an answer to this question by focusing on the significant obstacles that prevented the electronic signature from having probative force.

This led to the need to expressly recognize this signature as means of proof and its equality with the written signature.