الإثبات بالكتابة الالكترونية في التشريع الجزائري

الملخص EN

Modern technology imposed a new type of transactions, namely, electronic – digital- transactions that are dependent on electronic communication media, which has raised some legal challenges and problems: most importantly the issue of proving them.

Hence, the proof in electronic writing emerged as the alternative means of proof (to on paper proof), as it is the most appropriate for the nature of the transaction.

laws around the world, including the Algerian legislation, have recognized the authority of “the electronic written evidence” as means of proof, provided that the identity of its source is ascertained, and that it is made and preserved in conditions that guarantee its safety, in order to achieve legal security, and that is noted in various legal articles, especially in civil and commercial law, However, the Algerian legislator did not elaborate on many of the issues related to it, especially the scope of proof through it, and the judge's authority to weigh between it and the written evidence.

.

.