الإطـار الـقانوني للـتوقيع و الـتوثيق الالـكترونيين فـي قانــون المـعاملات والتـجارة الالــكترونية

The most important concepts that emerged are those that were influenced by the technological advance accompanied by threats to legal protection of the human being in order to face the dangers which have different forms and facets. This advance made necessary the emergence of many new legal concepts to cope with it and many other researches. The invention of computers and the technological data webs raised many several problems the most important among which is the protection of the individual privacy as well as the credibility of the information transmitted by internet in the midst of the electronic contracting.. These problems have been solved by the use of what is known as the electronic signature that enable identifying the two contracting parties within the framework of the contracting information, guaranteeing the legal security of theses operations and providing the sufficient immunity through achieving two mains functions : Spotting the identity of the contractant and confirming his consent of the content of the document that bears his signature. This will have a great importance in showing the evidence in case of any conflict between the contracting parties. In addition the importance of the electronic signature is shown in defining its judicial value and considering its equivalent of the conventional secret signature on plain paper. The importance of the study will lie in the fact that we will adopt it in identifying the contracting signatories due to the non material means of contracting and the physical absence of the contractants. This will involve the difficulty of spotting who gives his consent as the electronic data web is open to anyone and this implies the involvement of any person not serious. In this respect, we will study the principle of the electronic signature and its judicial value adopting a descriptive and analytical approach besides the comparative approach. The Problem : The electronic signature being the theme of the would-be study, is considered as part of local or international contracts undertaken nowadays. This signature, is, however, specific in that it will be a special element in the contractual relations and will be even more important if used in the internet. If then the electronic signature is non physical and the lack of content or the formal aspect during the signature or the execution of the agreement, this will lead us to dealing with the problem of to what extent this new environment will cope with the conventional principle of hand signature based on paper as a evidentiary document. The, how electronic signature is carried out ? Moreover, the electronic signature within all legal systems emerges as a result of the internet geographical transcendence of any particular country’s border. This will make us question the legal recognition of the electronic signature and the results which come out of it besides what are the conditions of its coming into force and use. And what is the responsibility which lies behind it ?.