حجية الرسائل الالكترونية في قانون الإثبات العراقي

Abstract EN

The means of communication have developed tremendously, to the extent that it preceded by far the research and studies that were generated by it, and even exceeded every conception.

information has become the nervous system of modern societies.

communication entered the commercial field, and transactions began to know their way through this modern communication, which led to the emergence of cross-border and continental dealings.

there is no doubt that the authenticity of electronic messages raises the interest of a legal man and an idea, a legislator, a judge and a jurist: the legislator must pursue this amazing and great development and address it with legal rules that are compatible with him.

and work to organize its provisions with new and developed rules by which to overcome the barriers and restrictions of traditional rules.

and the judge of the necessity of familiarity with comparative law, from this path will undoubtedly result in repercussions for each party, and each one may be in the territory of a state whose legal rules differ from the rules of the other state and then upon him.

that is, the judge should play an ethical role and not be confined to rigid texts, but rather expand the scope of their application by analogy sometimes and deduction at other times, thus simplifying justice and preserving the rights and jurisprudence, by constant diligence.

and the judge alike, thus complementing the sound legal opinion.

one of the most prominent electronic means of transmitting electronic messages is (telex), (fax mail), computer (computer), and so on.