Electronic Record Authenticity in Evidence

Abstract

With the adoption of the legislator to the principle of functional equivalent, the individuals dealing with electronic transactions became more confident in the electronic record as a tool used to save their procedures that are conducted through the electronic means , and where it has become possible to present electronic record as an evidence in the lawsuit , the judge no longer has the right to refuse the electronic record as an evidence as long as it includes the necessary conditions, and is provided on an electronic mean "which is the reason for which the court rejected the electronic record as evidence "By referring to the Electronic Transactions Law, we find that the legislator graded in the authenticity of the electronic record, by the difference in the type of signature associated with the electronic record until , we reach the state in which the electronic record is not associated with a signature .

Therefore, a research will be conducted regarding the authenticity of each record separately, indicating the extent of the evidential power it has, in addition to the research for the adequacy of the provisions that the legislator applied to the electronic record and to what extent the electronic record as a means of. proof is able to dispense with the traditional means of evidence.Until we come to a conclusion that the legislator granted the electronic record th evidential power that it granted to the traditional means, by referring the determination of its evidential power to the general rules. However, we sometimes find that such a matter is not commensurate with the nature that the electronic record enjoys, especially when searching in the electronic commercial record .This study has been divided into two requirements. The first requirement discusses the cases in which the authenticity of the electronic record is presumed and the second requirement discusses the cases in which the authenticity of the electronic record is not presume

Keywords: electronic record, electronic signature, unsigned documents, electronic commercial books, the principle of written evidence .

DOI: 10.7176/JLPG/104-05

Publication date: December 31^st 2020