The Concept of the Electronic Signature and its Validity in Administrative Decisions

Volume 4 , Issue 2 , October 2016 , Pages 125-152

Authors

Ismail Najm Al-Din Namiq 1 ; Aso Hamashin Abdel Karim 1

1 College of Law, Cihan University, Sulaimani, Kurdistan Region, Iraq.

DOI logo 10.17656/jlps.10095

Keywords

Abstract

This study covers a new subject in the legislative and academic sphere, which are electronic signature and its evidential power before courts in administrative decisions. It is an important and contemporary legal subject as the use of modern electronic means has evolved with the scientific and technological development in various aspects of life and more specifically in the administrative field. Although the use of such means has little applications, problems will emerge with respect to its evidential power. This study finds that various legislations accept electronic signature as traditional or on paper-signature regarding its evidential power provided that certain legal provisions are met. This research tackles the definition of electronic signature, its forms and conditions of its implementation with clarifying the stand of various laws in some countries. The conclusion of this research is that electronic signature has the same complete evidential power as the evidential power of traditional signature on paper documents.

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  • Published at1 October 2016

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