النظام القانوني لتنظيم السند الرسمي الالكتروني
Date
2009-04-18
Authors
عبد الله نظمي عبد المجيد مصلح
Abdulla Nathmi Musleh
Journal Title
Journal ISSN
Volume Title
Publisher
جامعة القدس
Abstract
The government departments such as (Notary service ) still organized the
official bounds such as The agencies and contracts in traditional ways. This
happen by using traditional papers signing by Parties , they do this by
Footprint or signature or stamp, and saving them in traditional ways , this
ways are easy to lose , with technological development that s happen in the
word we must keep with these technology , We race between the Arab
countries in the organization of official bonds electronically.
The authority is the official e-governing authority by a competent public
official, according to the conditions of certain legal and electronic means, the
main objective of the establishment of an electronic bill is to bring together
the parties are far from each other hundreds or thousands of kilometers in a
single chamber, and dispensing with the traditional paper and transactions,
and the possibility of access by all citizens On official business by offering
the official government Web sites.
The importance of electronic official authority if applied on the ground,
inter alia, it means contributing to the social service community building
because it will lead individuals to open to the world, on the other interaction
means higher performance and lower cost, they are on the correspondence
reduced pay the other hand it Fast and be issued the same moment, a third
hand help to overcome setbacks and the slow pace of the government
apparatus, reducing the risk of human interpretation unprepared for the
information and data and also eliminate the time wasted in the institutional
framework.
Not regulated by the Palestinian legislature nor any Arab lawmaker
mechanism to regulate electronic securities official, and here it should be a
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distinction between the parties if there is authority and the author of Justice in
the same place and if they are removed from each unit and gathered them in
place, in the first case, the mechanism should be thought as _ _ similar to the
reception Bonds formal, but are traditionally the mainstay of electronic
signatures and electronic mail and conservation, while in the second case, we
believe that this organization is one of two ways, first the presence of a notary
assistant in the whereabouts of the other party and the second communication
between the parties and a writer of justice through sound and image _ _
Imaging camera directly.
Such bonds must have the express authority of a strong technically, it is
difficult to falsify and penetration, but they need to apply to the ground by the
law and to demonstrate its authority explicitly, it is authoritative authority
official and authoritative editor of the regular mail, is also the need for
technical support And technicians on the ground to become the official
authority electronic possible on the ground and the force of law.
To achieve our study goal we adopted a descriptive analytical approach to
prepare this thesis and we reached to Substantial results are:-
1. The draft did not trade and electronic commerce laws of most Palestinian
and Arab States of modern electronic bill did not bear the official
definition.
2. formal authority enjoyed several advantages of electronic does not have
the formal authority of traditional authority such as this that there is an
intermediary electronic, computer, and may lack some of the parties in
place, and the presence of more than a notary 3-to regulate certain kinds of
authority official website.
3. The existence of legal problems facing formal authority, such as electronic
inadequacy of existing legislation to the official electronic bonds, as well
as the presence of technical problems in official circles, such as lack of a
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secure network between institutions and the lack of technical system of egovernment.
4. Match elements of traditional formal authority and formal authority is the
ordinary writing, signature and the official governing authority by a
competent public official, according to the conditions established legal,
and there is no difference here in the form of writing, signature and the
process of receiving notary bond.
5. Conditions apply to traditional writing to write the formal authority of
electronic mail
6. Identical to the terms of the electronic signature with the signing of the
normal increase, but a condition that the documentation.
7. Electronic signature documented more accurate and safe and difficult to
forgery and protect himself and protect the authority and demonstrates the
site more satisfaction the signing of the ordinary.
8. Many lawmakers gave the editor of electronic authentic full of proof and
gave him power equal to the force of law, such as traditional editor of the
French and Tunisian legislation and the legislature UAE and some
lawmakers gave the editor of the electronic force less than a conventional
editor such as the Jordanian law and a bill exchanges and electronic
commerce in Palestine.