Validity of the Electronic Record as Evidence in Accordance with the Decision of the Palestinian Electronic Transactions Law

Abstract

The researcher addressed the topic of ‘Validity of the Electronic Record as Evidence in Accordance with the Decision of the Palestinian Electronic Transactions Law’. The researcher used a descriptive, analytical and deductive approach, aiming to explain the nature of the electronic record, the conditions that must be met in it, the procedures for documenting it, and its legal authority. The scholar concluded several results, the most important of which is that the Palestinian legislator approved the principle of equality in function and authenticity between the electronic record and the written record, but it did not specify the nature of the written record that is equivalent to the electronic record. Therefore, the latter may have the nature and validity of an official or customary record or unsigned papers such as commercial books. One of the most important recommendations of the researcher is the Palestinian legislator’s call for the necessity of establishing a special legal system for the electronic record, as it is one of the new means used to preserve electronic civil and commercial transactions and their documents. No researcher - to the researcher's knowledge - has ever addressed the validity of the electronic record in evidence in a specialized capacity in Palestinian law. Previous studies dealt with the topics of electronic records in comparative Arab legislation.