التنازع بين الأدلة الكتابية الإلكترونية و التقليدية : دراسة مقارنة في ضوء التطورات التشريعية و التطبيقات القضائية الحديثة

Abstract EN

In 2006, the United Arab Emirates issued Federal Law No.

1 regarding electronic transactions and commerce.

In the same year, the state took a step that no other Arab country had taken before - to our knowledge -which is the incorporation of electronic proof into the Evidence Law in Civil and Commercial Transactions No.

10 of 1992, and this was done in accordance with Law No.

36 of 2006.

Since that date, attempts to coordinate and harmonize between traditional and electronic proof have not stopped.

The road is still open for all efforts aimed at achieving this goal.

These efforts culminated in the issuance of Federal Decree Law No.

27 of 2020 amending some provisions of the Evidence Law in civil and commercial transactions, within the framework of the "digital transformation" legislation that the UAE is currently witnessing.

This article follows the same path, and presents an attempt to resolve the potential conflict between the two types of traditional and electronic proof.

In fact, the ambitions of this research go beyond this problem and recommend the need to formulate an evidence law that achieves complete consistency between traditional and electronic proof.

This article is conducted in the form of a comparative study between UAE law and some Arab and foreign laws, and it presents some of the judiciary sentences in the countries under comparison.