الإشكاليات القانونية بشأن إثبات مسائل الأحوال الشخصية باستخدام الوسائل المعلوماتية

Abstract EN

The informational means have produced problems related to proving the contract concluded with these informational means, and these problems represent a challenge to the usual legal systems, and the most prominent of these problems is that the information contracts in the absence of physical supports are carried out by means of information in the form of written data or sound and image that appear on the screens of computers or Portable devices are used in matters related to the emergence and termination of the marital bond.

Here, a fear arises of the possibility of not obtaining physical evidence to prove what has been concluded regarding issues related to personal status, such as marriage contracts concluded electronically, as well as the occurrence of divorce, or the establishment of a will through electronic means, especially in the absence of a material intermediary in which these issues take place and where they take place between the parties They are only united by a contemporary virtual presence on the network, and none of them has control over the used technical system or prior knowledge of its technical techniques, which results in the emergence of legal problems represented in the reluctance to accept informational evidence in the proof due to the questioning of its ability to perform the functions performed by traditional means of proof, no Especially since the technical reality indicates that the professional or professional, with his control over the technical tools, has the possibility of preparing a prior evidence of his behavior and controls its creation on his own, which doubts its sufficient authenticity.