نویسنده
کارشناس ارشد حقوق تجارت بینالملل و دانشجوی دکتری حقوق نفت و گاز، دانشگاه شهید بهشتی، 1393.
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسنده [English]
The admissibility and evidential weight of electronic evidence is of much importance from the viewpoint of both substantive and procedural law. Enacting The Electronic Commerce Act in 2003 (1382) by the Iranian Legislature can be significant as per procedural law as well as expanding E-commerce. Based on the said Act, "data messages" are admissible as evidence in the courts and serve the purpose of "writing" wherever "writing" has been required by law. Moreover, under this Act "secure data messages" will enjoy all the privileges of "official documents". This can be regarded as a great development in the country's procedural law in favor of E-commerce. There's no doubt that with increase in the number of electronic communications and transactions between persons, both the probability disputes and the importance of data messages as evidence in litigation increases as well. Therefore, this paper compares non-secure electronic documents with secure ones and analyzes their respective evidential weight.
کلیدواژهها [English]