أحكام التوقيع الإلكتروني و حجيته في القانون

Abstract EN

This research has great importance (the provisions of the electronic signature in the law) for the direction of people in electronic dealing, and there must be documents signed electronically that have authenticity and acceptance before the courts and dealt with the problem of devising the conditions that must be met in the signature in order for it to be correct and the extent of the authenticity of the electronic signature in proof and the aim of this research is to show the extent of authenticity The electronic signature before the courts if it is found on the documents and the identification of the electronic signature copies and to what extent it is protected from exposure to forgery and focus on researching the legal texts to derive the authenticity of proof for the electronic signed document and to know the legal controls for the validity and acceptance of the electronic signature and I followed the inductive documentary, analytical, comparative descriptive approach And I reached a number of conclusions, including that the electronic signature is authoritative before the courts if it fulfills certain conditions guaranteed by the legal texts in various laws and the percentage of safety in which it has encryption and personal properties is much stronger than the traditional signature, which in most cases is subject to forgery, and most Arab countries in their laws left The subject of documenting the electronic signature to its owner and the private sector, while the Sudanese law stipulates the establishment of a public body in which the electronic signature is approved, and this is more controlled and trusted, A number of recommendations were recommended, including, ensuring that the courts accept the acceptance of the document to which the electronic signature is added, in accordance with the texts of the laws related to electronic transactions or the electronic signature.