القانون واجب التطبيق على المسائل الموضوعية للإثبات الإلكتروني : دراسة مقارنة

الملخص EN

Due to the spread of the use of modern technological means in all areas of life, especially in the field of communication and information transfer, people in different countries can deal with each other without the need to move and overcome long distances, and the resulting problems arising from the use of modern means and anxiety that accompany these transactions and how And their relation to their people to determine their rights and obligations to settle transactions in all societies, as well as the spread of illegal acts through these means and the consequent difficulty of proving, and highlight this difficulty if the relationship is tainted by a foreign element , which requires the definition of the law of proof that proves the electronic fact under which it is proved, and the applicable law on the burden of electronic proof should be determined in light of the difficulties facing the application of the general rule in the burden of proof on electronic evidence.

Evidence of legal acts and electronic material facts in the absence of reference by the legislator to the law governing them The conditions of this incident distinguish between the substantive conditions that are subject to the law of the subject because they are more re ةle يva عn لاt طto س ت the ة ا ca سse راin د question, and the legal conditions that are subject to the judge's law for communicating with the formation of the conviction and belief of the judge.

The burden of electronic proof as a substantive rule of electronic evidence is subject to the law applicable to the subject.

However, the law of the judge intervenes and governs the burden of proof in the case of adapting the burden of proof and disclosure of implied will, as well as in the case of the foreign law referred to As for electronic evidence, we also distinguish between evidence of electronic legal action and evidence of electronic legal facts.

Evidence of electronic legal action is subject to the law of the place of conduct, with the adoption of the law of the judge if the evidence is easier than the evidence of the conclusion of the conduct by reference to the text of article (13/1) of the Iraqi Evidence Law on Traditional Proofs, in light of the legislator's failure to mention the issue of law applicable to electronic evidence, despite the importance of this evidence for the proliferation of electronic transactions in various fields Members from different countries.

Evidence of electronic legal facts is subject to the law applicable to the subject in the absence of the role of the Iraqi legislator to determine the law applicable to evidence of legal facts