2022 Volume 7 Issue 1 Supplementary
Creative Commons License

Legal Nature of Electronic Signatures in Electronic Contracts and Terms and Conditions Governing Them


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Abstract

One of the most critical issues in examining the formation of electronic contracts, in the sense of contracts that are concluded using various electronic media such as telephone, telegram, fax, in the network environment, or using email, is the issue of electronic signature. Electronic documents and especially electronic are completed by signing, and as a result, they become assignable. Accordingly, this research aims to investigate the legal nature of electronic signatures in electronic contracts and the terms and conditions governing them. The research method is descriptive and analytical using library resources. Investigations showed that the increased attention to the concept of this type of signature has reached such an extent that it has forced all national and international legislators to be particularly sensitive to it and, along with the approval of electronic commerce regulations, to establish special laws for electronic signatures. Signing is an important condition for the completeness of the document, in the sense that the document can be relied upon against the issuer when it has been signed by him/her or has his/her fingerprints; in this sense, it is said that the handwriting and written words belong to the person who signed it. Currently, due to the prevalence of electronic commerce, the electronic signature, like the manual signature, has been accepted by various legal systems.


Issue 2 Volume 11 - 2026