حجية الدفاتر التجارية الإلكترونية في إثبات العمل المصرفي الإلكتروني : دراسة مقارنة

الملخص EN

We have separated the handling electronic banking emergence of electronic evidence to prove play an important role in protecting the rights of both parties the bank and the client, as is evidence of electronic writing of the best evidence for these processes where commensurate with their electronic nature.

The electronic business notebooks of the most important methods used to prove these processes as authorized Iraqi law and comparative law and dealer banks, especially the use of computers and other modern technical devices in commercial bookkeeping It also allowed the banks to keep books, documents, correspondence and other papers relating to its operations Thumbnail (microfilm or other devices of modern technology) and show the importance of using notebooks electronic business for banks to reduce the cost and time it was able in which to reduce the sheer volume of paper used by her.

The notebooks electronic business does not differ much from business notebooks traditional so it applies the general rules that apply to business notebooks traditional in terms of the conditions as well as the existence of conditions of its own harmony with nature, electronic, thus pushing the laws comparison to equality in authentic between commercial books and electronic books traditional business.

The proof of banking operations Alaketronahbaldvatr commercial Alaketronnebh may be exposed to the risk of making the value of these Aldvatralketronah weak compared to books traditional Among these risks with regard to distortions and fraud and errors and you can not verify the identity of the sender and the addressee, for the purpose of avoiding these risks and to give credibility to electronic banking and the establishment of any electronic evidence to prove to be the presence of IT systems working on documenting these transactions and the validation of the electronic directory, these regulations adopted by the laws of the comparison that electronic transactions are organized electronic documentation system.

It is an electronic documentation system represented by the certification service provider Electronic Data documenting, validating and attributed to the owner and to emphasize the seriousness of the contractor to complete the act, which does so by following certain procedures ending the issuance of a certificate of electronic documentation.