نوع مقاله : مقاله پژوهشی
نویسندگان
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
Civil law in Article 1258 considers written documents as proofs of sustaining evidence and, subsequently, defines the document in Article 1284 as “the documents consist of any written paper that is attributable in the position of dispute or defense.” The definition in Article 1248 of Civil Law implies that the document shall be in objective and substantial form, but the increasing tendency toward the use of electronic devices and the expanded trend of applying electronic contract conclusion have forced governments to consider its legal aspects and enact appropriate rules in this regard. In our country, the enactment of the Electronic Business Act, passed on January 7, 2004, can be considered an effective and important step in this field. In spite of the enactment of the Iranian Electronic Business Act, the status of electronic contracts and, following it, the electronic evidences, especially the electronic document, are ambiguous, creating many problems for fair and proper judgment. The main object of the present thesis is to review electronic documents as a new form of documents subject to Article 1258 of Civil Law. This research focuses on the fact that, although Civil Law has explicitly applied the word “written” in the definition of a document, the comparison between traditional documents and electronic documents makes it explicit that, according to the theory of functional equivalence, whatever can perform the function of traditional documents can be equally, or even better, provided by electronic documents.
کلیدواژهها [English]
)
