الحجية القانونية للمستندات الالكترونية وطرق الطعن فيها ( دراسة مقارنة )

Abstract

The electronic documents defined : the editions that arise , incorporated , saved sent or received by electronic media , as the exchange of data , email  , telegram , telex or telegram photocopy with electronic signature . these documents have three basis : electronic writing , electronic signature , electronic support ( medium ).

    These documents have legal evidence equals the paper document in proving , and its scanner copy has the same characteristic of original copy

according to the condition specified by the Iraqi legislature in the low of electronic signature No in  2012.

    The electronic documents can not be impeached by denying their validly because they contain electronic signature which approved by electronic solicitor . If one of adversaries judge has to ensure from the availability of the condition of electronic signature stipulated in the law. Then the judge returns to the attestation from the side of electronic authentication to ensure from the validity of this signature .