Electronic Transactions and the Exceptions Contained on it in Formal Matters and Personal Status

Abstract

The emergence electronic of electronic transactions in most areas of daily life has led to the crowding out of paper transactions, as the electronic exchange of data, information and electronic means of communication replaced paper documents. This has given rise to many problems on the ground, both in terms of the legality of these electronic transactions and their authenticity in evidence. In addition, the law require may require the availability of a certain formality in some contracts for their conclusion due to their importance and material value, and some transactions cannot take place through the Internet and electronic means of communication due to their privacy, as in the case of marriage, divorce and other personal status issues.

       The various laws related to electronic transactions have permitted the electronic expression of the will when the conditions of the validity and expression of the will are fulfilled. However, most of these legislations went to the exclusion of the application of the rules of electronic equivalence to some important legal actions and preferred that these actions be concluded in the traditional rather than electronic form. This is because of the importance and gravity of this behaviour such as the rights of real estate in which the law requires a certain formality for its holding . These legislations also insisted to exclude issues related to personal status from the electronic transactions department and stipulated that they be concluded through ordinary traditional transactions.