عبء الإثبات في المعاملات المدنية و الإلكترونية

Abstract EN

The organization of the rules is essentially linked to the determination of which of the litigants bears the burden of proof because the fate of the case depends on it in practice.

there are those who considered the burden of proof from the system that cannot be modified and another who consider that the burden of proof is one of the objective rules that can be modified.

first, we will discuss the general rules governing the burden of proof, then we move on to determine the burden of proof in electronic transactions, especially with its wide spread and the emergence of what is known as the electronic signature and the performer of electronic certification services, which led to a radical shift in the concept of the burden of proof.

it is clear that the traditional rules have become insufficient to regulate the burden of the proof, consequently, the Algerian legislature must amend its provisions in this area furthermore, , it must be explicitly stated that the product cannot be included in its contracts with the consumer, provided that the burden of proof is transferred to the consumer, and considered to be arbitrary conditions.