حجية أصل المحررات الرسمية الإلكترونية و صورها في الإثبات: دراسة مقارنة

Abstract EN

Being newly emerged, electronic transactions have become a source of worry and fear to people to deal with them.

People's fear stem from two reasons: their doubt in the authenticity of such electronic transactions and their inability to prove them.

Study raises several questions, including the proving value of official electronic instruments which necessitates exploring the concept of electronic instrument's original and conditions of the binding force of official electronic instruments.

Other questions are: the possibility of submitting a hard copy of the original electronic instrument as a proof; acceptance of French and Egyptian laws to hard copy and laws governing copies of electronic instruments.

Study summed up with the paramount importance of bridging the legislative gap in the regulation of electronic instruments, particularly official ones.

It also recommended deciding over the binding force of electronic instruments be them copies of official electronic instruments or martial ones; amending attestation and registrar's law to comply with electronic signature law and implementing the latter by adopting rules governing attestation of electronic instruments and followed procedures.

It finally recommended that legal drafting of such organizing laws be detailed rather than general.