إثبات عملية التحويل المصرفي الإلكتروني وحجيتها: دراسة مقارنة

Abstract EN

Proof of the process of electronic bank transfer is a legal effect whether this effect is the appearance of the right and completion or modification We know that the means of proving the legal right is written evidence, testimony, attestation, confirmation, right, inspection and experience can be used all these means to prove the process of electronic bank transfer including This is a commercial contract, but we will limit the proof of the process of electronic bank transfer to electronic writing and electronic signature.

We will address the validity of electronic evidence to prove the process of electronic bank transfer, because it added the Iraqi legislator comparative legislation The legal basis for proving electronic documents in all its components, electronic writing and electronic signature, when these elements meet the legal conditions mentioned in the provisions of the legal texts in both Iraqi law and comparative laws, where we found a conflict between the texts of articles in the Iraqi Evidence Law, Of the means of scientific progress, both in the law of electronic signature and electronic transactions, we find that the Iraqi legislator has committed to the judge to give electronic documents authenticity of traditional documents if the conditions are not met.