Civil courts are looking forward to electronic contracts .. and judges companies rush to grant a license "to organize signatures default
News Website 27 August, 2014
Waiting for the civil courts eagerly application systems default in the transaction, which will capture and according to some circles jurisdiction over 60% of the paper contracts, especially with the presence of the legislative basis on the law for signature and electronic transactions No. 78 for the year 2012, which has remained stalled despite the passage of two years of age not to create an atmosphere own to move it, which is borne by the executive bodies.
In contrast, stand out on the scene fears penetrate professionals computers for any new information system, but the judges relied on the efforts of those responsible for the application of electronic signatures and contracts to fortify their attempts at piracy, which evolve with the passage of time.
Iraqi civil justice, finds himself in the technical capability to deal with any proceedings in front of him, even if the disputed electronic procedures, but he called at the same time, to create tools for the achievement of justice about this type of file. He says Vice President of the Court of Appeal Rusafa Federal Judge Shehab Ahmed Yassin, valuable interview with (the Media Centre of the judiciary) that "the entry of media technology to the field of work has become a talk about electronic contracts is necessary because these contracts currently governed by the rules of civil law," but "it does not devoid of interpretations and differences in interpretation, "he asserts.
"Despite the age of the law on electronic transactions, it did not take the way of implementation," and attributed the delays to "the lack of regulatory data issued by the executive authorities."
And electronic contract, what he says is a contract between Yassin, "one of the parties known digital tools, electronic signature Appendant accredited company licensed to service of the official bodies."
Yassin and thus confirms that "the implementation of the electronic contract requires the company to organize its services, including electronic signature," pointing out that "the law gave the right of the company to international communication services and e-affiliated to the Ministry of Communications and licensing." With regard to the form of this type of contract, Yassin responded by saying, "defines the limbs of its clauses and obligations which falls on any of them." With regard to the assessment of the law on electronic transactions sees Yassin, the judge of first instance, "good and close to the Egyptian experience," but is "a model Emirati best in the region for his advanced results," anddemanded "the concerned authorities to implement the project as it contributes in supporting the economic sectors and speeds up the process contracting. "
It is estimated that "electronic transactions acquires 60% of the contracts", preferring to "spend is the introduction of a specialist to look at the disputes of these transactions, even though the original is on display this suits the courts of first instance." And the ability of the Iraqi judiciary in dealing with electronic transactions and concerns about the impact of piracy (hackers) negative in access to justice, said Vice President of the resumption of Karkh that "courts have the ability to deal with all claims, including digital, because our judges predisposed to experiment artistically There is also a crew geometrical all integrated in the role of justice to address any defect ", warning that" the breach may happen in all fields default but you must have jurisdiction -alta companies owner hoped to operate in Iraq the ability to fortify their systems. "
And conforms Judge Abdul Sattar Bayrakdar spokesman for the federal judiciary, with the judge Yassin, in that "the application of electronic transactions in the courts need to initiate regulatory action precede implementation, and are responsible for supervising authority on digital systems in Iraq."
He Birqadr in an interview (the media center for the judicial authority) that "the success of the transaction default is subject to the completion of (e-governance) because the project is a series of actions linked to one another, and can not be to eliminate moving this experience without ground on which to base his work."
And e-governance is the use of information and communications technology to provide government services, and exchange of information; communication parameters, and the integration of various systems and services, stand-alone between the government and the citizen, and between the government and companies, and between governments and each other, as well as the operations of the administrative departments and the interactions within the framework of the government as a whole. And through e-governance, is to provide government services available to citizens in a manner convenient and effective, transparent. As for the lawsuits that are currently displayed on the courts and the appended electronic signature Birqadr response "in the event of non-contract basis to appeal his health this mean it, because the two parties Artadhaa him, and that the judge perceived conflict timely basis, which may be the amount of money or some of the obligations resulting from it."
If one questioned the parties to sign and not to pay Aaúdath him, said a spokesman for the judiciary, "on the other party to prove the contrary, because the parent-in-law is a signature written in the absence of organized electronically."
The objectives of the law of electronic signature and electronic transactions by the Iraqi legislature "to provide the legal framework in the conduct of electronic transactions and give authentic legal and strengthen confidence among dealers out" as the law defined in the first article / Fourthly, the electronic signature "was a sign of personal take the form of letters or numbers or signals or symbols, sounds or other character has a unique rate indicates to the site and be supported ratification of hand. "
In addition, the Court of First Instance judge specialized in commercial litigation Baghdad, Jabbar F-Lami said that "keeping up with the countries that took the role of electronic transactions is necessary, because the world trade have come to rely upon."
He said al-Lami's (Media Centre judicial authority) that "the broader field of application of electronic contract be in international trade to ensure fast delivery."
The judge noted that the trade "our court has received many of the suits was concluded several contracts electronically, but the dispute was not linked to regulatory reasons the default of the contract." He Lami to the "electronic contract submitted to the court, either in the form of a paper document has been withdrawn from the information network (Internet) or displays across the computer screen," stressing that "the law of electronic transactions exempted from its provisions status matters and personal items and transactions commandment LV and dispose of immovable transmitted only allowed the lease entered into via the Internet. " "It also excluded the Article 3 / II / e of law court proceedings and judicial writs and those of the presence of the pleadings, as well as orders; search and seizure and judicial rulings," adding that "the law does not apply to any transaction draw her law a certain form such as registering vehicles in the traffic circle Public and buy and sell bonds in the stock market. " Judge proposes trade "Edit this paragraph of the law, especially in regard to judicial declarations to the lack of seriousness if it is processed electronically," he said. And about the possibility of falling into an impasse forgery Lami said that "the importance of the electronic signature and immunity beyond what exists in the signing of the ordinary and therefore diminish the chances falsification of the first."
Iraq has joined the Convention on the Regulation of electronic signature in the field of electronic transactions in the Arab countries under Law No. 101 for 2012.
[You must be registered and logged in to see this link.]
News Website 27 August, 2014
Waiting for the civil courts eagerly application systems default in the transaction, which will capture and according to some circles jurisdiction over 60% of the paper contracts, especially with the presence of the legislative basis on the law for signature and electronic transactions No. 78 for the year 2012, which has remained stalled despite the passage of two years of age not to create an atmosphere own to move it, which is borne by the executive bodies.
In contrast, stand out on the scene fears penetrate professionals computers for any new information system, but the judges relied on the efforts of those responsible for the application of electronic signatures and contracts to fortify their attempts at piracy, which evolve with the passage of time.
Iraqi civil justice, finds himself in the technical capability to deal with any proceedings in front of him, even if the disputed electronic procedures, but he called at the same time, to create tools for the achievement of justice about this type of file. He says Vice President of the Court of Appeal Rusafa Federal Judge Shehab Ahmed Yassin, valuable interview with (the Media Centre of the judiciary) that "the entry of media technology to the field of work has become a talk about electronic contracts is necessary because these contracts currently governed by the rules of civil law," but "it does not devoid of interpretations and differences in interpretation, "he asserts.
"Despite the age of the law on electronic transactions, it did not take the way of implementation," and attributed the delays to "the lack of regulatory data issued by the executive authorities."
And electronic contract, what he says is a contract between Yassin, "one of the parties known digital tools, electronic signature Appendant accredited company licensed to service of the official bodies."
Yassin and thus confirms that "the implementation of the electronic contract requires the company to organize its services, including electronic signature," pointing out that "the law gave the right of the company to international communication services and e-affiliated to the Ministry of Communications and licensing." With regard to the form of this type of contract, Yassin responded by saying, "defines the limbs of its clauses and obligations which falls on any of them." With regard to the assessment of the law on electronic transactions sees Yassin, the judge of first instance, "good and close to the Egyptian experience," but is "a model Emirati best in the region for his advanced results," anddemanded "the concerned authorities to implement the project as it contributes in supporting the economic sectors and speeds up the process contracting. "
It is estimated that "electronic transactions acquires 60% of the contracts", preferring to "spend is the introduction of a specialist to look at the disputes of these transactions, even though the original is on display this suits the courts of first instance." And the ability of the Iraqi judiciary in dealing with electronic transactions and concerns about the impact of piracy (hackers) negative in access to justice, said Vice President of the resumption of Karkh that "courts have the ability to deal with all claims, including digital, because our judges predisposed to experiment artistically There is also a crew geometrical all integrated in the role of justice to address any defect ", warning that" the breach may happen in all fields default but you must have jurisdiction -alta companies owner hoped to operate in Iraq the ability to fortify their systems. "
And conforms Judge Abdul Sattar Bayrakdar spokesman for the federal judiciary, with the judge Yassin, in that "the application of electronic transactions in the courts need to initiate regulatory action precede implementation, and are responsible for supervising authority on digital systems in Iraq."
He Birqadr in an interview (the media center for the judicial authority) that "the success of the transaction default is subject to the completion of (e-governance) because the project is a series of actions linked to one another, and can not be to eliminate moving this experience without ground on which to base his work."
And e-governance is the use of information and communications technology to provide government services, and exchange of information; communication parameters, and the integration of various systems and services, stand-alone between the government and the citizen, and between the government and companies, and between governments and each other, as well as the operations of the administrative departments and the interactions within the framework of the government as a whole. And through e-governance, is to provide government services available to citizens in a manner convenient and effective, transparent. As for the lawsuits that are currently displayed on the courts and the appended electronic signature Birqadr response "in the event of non-contract basis to appeal his health this mean it, because the two parties Artadhaa him, and that the judge perceived conflict timely basis, which may be the amount of money or some of the obligations resulting from it."
If one questioned the parties to sign and not to pay Aaúdath him, said a spokesman for the judiciary, "on the other party to prove the contrary, because the parent-in-law is a signature written in the absence of organized electronically."
The objectives of the law of electronic signature and electronic transactions by the Iraqi legislature "to provide the legal framework in the conduct of electronic transactions and give authentic legal and strengthen confidence among dealers out" as the law defined in the first article / Fourthly, the electronic signature "was a sign of personal take the form of letters or numbers or signals or symbols, sounds or other character has a unique rate indicates to the site and be supported ratification of hand. "
In addition, the Court of First Instance judge specialized in commercial litigation Baghdad, Jabbar F-Lami said that "keeping up with the countries that took the role of electronic transactions is necessary, because the world trade have come to rely upon."
He said al-Lami's (Media Centre judicial authority) that "the broader field of application of electronic contract be in international trade to ensure fast delivery."
The judge noted that the trade "our court has received many of the suits was concluded several contracts electronically, but the dispute was not linked to regulatory reasons the default of the contract." He Lami to the "electronic contract submitted to the court, either in the form of a paper document has been withdrawn from the information network (Internet) or displays across the computer screen," stressing that "the law of electronic transactions exempted from its provisions status matters and personal items and transactions commandment LV and dispose of immovable transmitted only allowed the lease entered into via the Internet. " "It also excluded the Article 3 / II / e of law court proceedings and judicial writs and those of the presence of the pleadings, as well as orders; search and seizure and judicial rulings," adding that "the law does not apply to any transaction draw her law a certain form such as registering vehicles in the traffic circle Public and buy and sell bonds in the stock market. " Judge proposes trade "Edit this paragraph of the law, especially in regard to judicial declarations to the lack of seriousness if it is processed electronically," he said. And about the possibility of falling into an impasse forgery Lami said that "the importance of the electronic signature and immunity beyond what exists in the signing of the ordinary and therefore diminish the chances falsification of the first."
Iraq has joined the Convention on the Regulation of electronic signature in the field of electronic transactions in the Arab countries under Law No. 101 for 2012.
[You must be registered and logged in to see this link.]
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