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 BLR  Vol.7 No.4 , December 2016
Use of E-Signature in Proof of Contracts Concluded through the Internet in Jordan
Abstract: The last few years, more specifically since 1995, have seen very important developments in the networking and technology of electronic commerce. The e-signature is one of these technologies working toward electronic commerce. A major issue highlighted and appropriately discussed in this article is regarding the parameters identifying an e-signature and authenticating the same. The current form of the Electronic Transaction Law (ETL) provides for two different ways for verifying e-signatures, which at times creates ambiguity. With regard to the major defect that the provisions and rules of the ETL create, in respect of the validity of an e-signature and an authentic signature in proof, the authors see that the ETL should clearly provide that an e-signature shall have a validity in proof the same as the traditional signature, while an authentic e-signature shall have a validity in proof the same as a written signature.
Cite this paper: Al-Nuemat, A. and AL-Thunibat, M. (2016) Use of E-Signature in Proof of Contracts Concluded through the Internet in Jordan. Beijing Law Review, 7, 357-370. doi: 10.4236/blr.2016.74030.
References

[1]   DIRECTIVE 1999/93/EC of the European Parliament and of the Council of 13 December 1999 on a Community Framework for Electronic Signatures.

[2]   Dodeen B. (2006). The Legal Firm of the Concluded Contract through the Internet (1st ed.). Amman: Althaqafa Publisher.

[3]   Electronic Signatures in Global and National Commerce Act.

[4]   Electronic Transaction Law No. (85) of 2001.

[5]   Model Law on Electronic Signatures of the United Nations Commission on International Trade Law.

[6]   Moringiello J. M., & Reynolds W. L. (2005). Survey of the Law of Cyberspace: Electronic Contracting: Cases 2004-2005. Business Lawyer, 61, 433.
http://works.bepress.com/cgi/viewcontent.cgi?article=1001&context=juliet_moringiello

[7]   National Conference of Commissioners on Uniform State Laws “UETA” National Conference of Commissioners on Uniform State Laws, “Uniform Computer Information Transactions Act, Last Revisions or Amendments Completed Year 2002, with prefatory note and comments” [2002] Annual Conference Meeting in its One-Hundred-and-Eleventh Year, Tucson Arizona 26 July-2 August 2002, Online Version, 81.
http://www.uniformlaws.org/shared/docs/mediation/uma_final_03.pdf

[8]   Nsairat, A. (2005). The Legality of E-Signature in Proof (1st ed.). Amman: Althaqafa Publisher.

[9]   Reed C. (2004). Internet Law (2nd ed.). Cambridge University Press.

[10]   United Nations (2002). UNCITRAL Model Law on Electronic Signatures with Guide to Enactment 2001 (pp. 51-57). New York: United Nations Publication, Online Version.
http://www.uncitral.org/pdf/english/texts/electcom/ml-elecsig-e.pdf

 
 
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