حجية التوقيع الإلكتروني في إثبات المعاملات الإلكترونية : دراسة مقارنة في القانون الإماراتي و العماني

Abstract EN

ُIn the technological development of electronic transactions, it has become necessary to look for the validity of electronic signature because it is compatible with the nature of legal acts carried out through electronic means.

This study discussed the definition of electronic signature and highlighted its characteristics and its evidentiary standard as one of the important and necessary means to conclude all financial and commercial contracts, in accordance with the provisions of the Federal Act No.

1 of 2006 concerning transactions and electronic commerce in the United Arab Emirates and the Electronic transactions Act Sultanate of Oman Decree No.

69/2008، The research aims at showing the most important images, forms and applications of the electronic signature, and distinguishing between the ordinary signature, the protected and enhanced electronic certificate of authentication and the conditions necessary to make them authentic, and through this study the researcher sought to answer the problem of the research using the analytical approach of the legal texts and the comparative approach.

The research concluded that both the UAE law and its Omani counterpart, the authenticity for electronic signature of proof of electronic transactions, were subject to specific technical conditions and controls with a view to ensuring the safety of the operators; The researcher has recommended several specific recommendations that he has recommended that the certification service provider be required to provide mandatory insurance for electronic authentication activity because he is responsible for any error in his authentication of electronic signatures or the creation of an electronic notary to grant or even certify an electronic certification certificate Become a formal document so that the electronic signature is encouraged to be developed and rapidly in the context of trade, electronic transactions and the development of the world.