The Law Applicable to Electronic Signatures Comparative Study

In: Evolutionary studies in imaginative culture, S. 561-573

Abstract

This study dealt with one of the most important legal subjects in private international law that relates to the topic of law applicable to electronic signature and is problematic by the lack of clear and explicit texts to determine the law required on the topic The main objective of the study was to reflect the legal regulation in private international law of such a problem, as well as to address some practical and applicable problems relating to the topic of the study, including the legal nature of an electronic signature, When preparing this study, the researcher relied on the inductive approach by extracting legal texts on the subject of the letter in accordance with Jordanian legislation. in addition to the analytical approach where the researcher analysed and described the legislative and doctrinal positions and international conventions associated with the subject matter of the letter, The prescriptive approach, through a statement of the legal nature of the electronic signature. The researcher produced a series of results, the most important of which was the absence of clear and explicit texts specifying the law applicable to the electronic signature. This result was reflected in the recommendations of this letter, which were the most important recommendation to the Jordanian legislature that legal rules should be drawn up to determine the law applicable to the subject matter of the study.