الإثبات بالكتابة الإلكترونية على ضوء القواعد العامة حماية لحقوق المتعاملين بها: دراسة مقارنة

الملخص EN

Doctrine and jurisprudence have repeatedly tried to admit electronic writing as a means of proof, broadening the legislative exceptions of the general rules to protect the rights of operators.

However, the recognition of all its value as evidence raises the question of the notion of general rules that allow for the possibility of considering electronic writing before the judge and up to what limit can it be admitted? And by researching in doctrine and jurisprudence the attempts to recognize the electronic writing as a means of proof on the basis of the general rules one discovers clearly the limits of the applicability of these rules on the electronic writing, and the impossibility to give it the full legal value of writing on paper, because of their differences which necessitated the importance of legislative intervention for the amendment of the general traditional rules of evidence in writing so that they adapt with the electronic form.