Abstract The electronic interactions are a standing fact in the modern world, denoting that it is developing at a high speed. Yet, it is being faced by an adversity related with confirmation "attestation" at the time that it is in need of means different from those traditional conventional ones so as to cope with the legal solutions as a result of the vast increase in the size of trade & transactions entirely. Hence, the aim of this study was to search the testimony of electronic texts in confirmation "attestation" according to the law project of Exchanges & Electronic Trade, the law of Palestinian Statements, as well as the law of Jordanian Electronic Interactions, the Jordanian law of Securities, Statements, Banks & Trading, already relevant; the Egyptian Law of Electronic Signing & Confirmation "Attestation", the Law of Electronic Interaction for Dubai Emirate, the Tunisian Law of Exchange & Electronic Trade, already dealing with the electronic means and giving them the testimony of their interactions to the extent that the texts of these laws have agreed on giving the electronic texts a full testimony in confirmation "attestation" when they were compatible. Yet, concerning the electronic signature, it was clear that the Palestinian project did not mention its shapes & phases exclusively, but it has mentioned them as an exaple leaving the scope to insert new manners for electronic signing in the practical application identical to most Arabic legislations, well-done. Therefore, specific conditions were imposed on the electronic signing for the allowance of testimony in confirmation "attestation". The remainder was just the traditional, conventional texts in the law of Palestinian statements; and by reading them with them with the texts of organizing Palestinian Electronic Project Law, the new electronic tools are being comprehended and being applied due to the liberty of sides in consent between them on confirming their behaviors in any way appropriate, applicable to them except for a few behaviors that the law demands a specific form for them such as the formal interactions, the interactions of behavior in the real-estates, the interactions of personal affairs and others, which the electronic signing does not accept in consequence. The researcher perceives that since the basic nature of statements law are integral rather than obligatory, i.e., it is allowed for the parties to agree among them on their adversity without embarrassment to take the electronic signing in the shade of the Palestinian Statements Law upon the consent of the sides. Concerning the electronic certification "endorsement", the identification of electronic certification in the Palestinian Project Law of Exchanges & Electronic Trade, it is well-done because this matter is obligatory & important to confirm trust & authenticity in the electronic signing as a trace that is arranging rights in encountering the contracting parties. Apart form that, the provider of the attestation services is the dignitary or natural personnel who is being licensed for that by the public commission of electronic attestation in implementing the laws of electronic signing, denoting in this respect that its texts have been identical to the texts of Electronic Interactions Law in the Emirate of Dubai as well as the law of Tunisian Electronic Exchanges & Trade in adversary to the project that has ignored an identification for the provider of attestations services, whose provisions have not been arranged besides to it accountability as well as the Jordanian legislator who has not previously dealt with the services of electronic attestations for signatures & the mechanism of working for these sides & the procedures relevant with their registration. Pertaining to the application of electronic signatures and the certificates of endorsement issued by foreign sides, the text of article (48) of Palestinian Exchanges & Electronic Trade Project Law remains vague in this issue. According to its composition, it did not refer to the foreign electronic signatures which might be mandatory concerning the global electronic interactions, specifically that the aim of the Electronic Signing Law in any country is for the sake of facilitating the exchange of electronic interactions inside & outside the borders of the country that might be in the form of vast bargains including mostly a foreign element among their sides. Therefore, the recognition of foreign electronic traces is of high importance in such bargains. This is what the Law of Interactions & Electronic Law in Dubai Emirate has taken in Article (26); and the text of Article (12) of the Exemplary Universal Law where the texts have confirmed the recognition of electronic signing or the foreign certificates of attestations as if they were according to the national law if the provisions mentioned in the named law were available. |
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