Legal regulation of electronic signature "A comparative study"
2015, Volume 6, Issue 1, Pages 287-322
AbstractThe electronic signature of the latest styles and most sophisticated and in line with technological advances witnessed in this era, as the sign is no longer limited to the traditional signature which is handwritten on the pillars of paper, but it was possible at the present time, and as a result of technological developments that have led to the use of records or documents E replaces the traditional paper documents to the emergence of the need for this type of signatures each has different concepts.
And it is no longer sign goes out to the methods known in the signature Kalaamada or seal or thumbprint, but spread far new styles to sign copes with technical developments and the means used by them to sign biometric (signature biomtrique) This represents a signature by the computer write down the recipe physical person in his memory (memory ), most often this trait be of signatures, each with different concepts were going out to the iris (IRIS) or fingerprints or voice and lip imprint and stored these qualities in digital and compressed. as well as the signing of a pen-mail, along with the secret signing the code and digital signature.
And represent these methods at the current stage what is known as the electronic sign, which is substituting new styles for signature based on new elements other than those used in traditional signature methods, as the use of electronic documents necessitated the development of the signing of the terminal upon which mainly form legally acceptable to determine the identity of the person and the confirmation of the intention Site to comply with the content of the site and the bond approval for its content and its issuance thereof, indicating the bond is actually taken to prove the contractual ties, as the only condition for the legitimacy of the document or health be signed who is the argument of it.
However, since this type of signatures is located on the broker is a physical, is the program this signature will not be hand-written signatures, but is electronic signatures based on the numbering procedures or encoding or encryption or encoding (ie private key) and this represents a material sign, and it was found that Electronic Calculator can provide an acceptable alternative to the issue of signing so give definite guarantees in respect of the personalities concerned parties and then legitimize the necessary data exchanged, and this is done by doing a reverse call system (call back) or test keys (Test Keys) or legitimize blade (MAC) (Macro Authentication code) in order to confirm the identity of the source of the message.
So signing of mail is more secure and safer than just put the signing of the editor and was promoted through easily rigged as the electronic signature on the electronic bond includes digital signatures (digital signatures) which is encrypted electronic messages, and has implicitly digital signatures and attached with the provisions of ordinary messages to define the identity of origin each document and therefore believes the health of contracts and trust the source, who sent him and enables contractors to see the validity of the data without distortion and in a manner that could suggest the truth of the statements contained in regular bonds.
So we hope that handles the electronic signature and electronic transactions Iraq for the year 2012 problems arising from contracts through information to provide legal protection in this type of contracts and a network that lacks provided Civil Law Act, as some legal texts scattered in this law, and that is not enough to provide effective protection, therefore, the electronic signature and electronic transactions Iraqi law is a new and important step for the establishment of effective protection sober provides confidence and safety in contracts through the information network.
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