الشكلية في العقد الإلكتروني : شرط للانعقاد أم للإثبات

الملخص EN

ًWriting required by law to prove the legal actions of any that do not follow legal procedures provided for by law for the conclusion of upholding its validity, but is true and productive each provoked but in the event of a dispute between the parties, it is required to prove the incident legal evidence and the latter must carry the form of a specific legal - support written- and signed by the employee in charge of legally documented.

It is what we paid for research in the field of electronic transactions where contracts are all made in a virtual world for Amadi non-existent by the physical props paper, what is the availability of the service and how authoritative testimony offered by dealers computer professionals.....

Proof is the only way to ensure the security and safety of the right and defend it in court, which prompted many international and regional organizations to issue laws that regulate this particular space means the commercial domain.

Among these international laws that contributed to the growth of electronic commerce.

As mentioned the Alounstiral Model Law on Electronic Commerce adopted by the Commission on International Trade Law of the United Nations in 1996, and at the regional level, we find the European directive issued by the European Council in 1999, the electronic signature.

Following the example of the efforts of international organizations inspired by various Aqguanan Western countries and the Arab rulings of these two laws - the Law of Alounstiral Model and the European Directive, where there is the issue of new laws especially electronic commerce, or one of its fields particularly with regard to securities electronic where we saw that most of the laws contemporary has recognized her authoritative legal and awarded have the same value, which is the bond paper.

Minor glitches Gel laws if not all- of writing a new electronic means to prove entered the field of proof As we have seen the doctrine was first called for the recognition of her authoritative, followed by efforts to eradicate and finally received legal recognition contention and became the normal means of proof.