Private Law

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https://hdl.handle.net/20.500.11888/3199

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Browsing Private Law by Author "Ala’ Ahmad Mohammad Hajj Ali"

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    The Legal System of the Ratification Authority of the Electronic Signature
    (2013) Ala’ Ahmad Mohammad Hajj Ali; Dr. Amjad Abd El-Fatah Hassan
    Trust and safety of the parties to the electronic contract are the first two things that must be available in such a contract because they do not meet face - to – face. In order to provide this trust to the parties to the electronic contract, there is necessity for the presence of a third neutral party whose task in to protect the electronic contract from being rigged by others. This party is called certification service provider. This study sought to examine legal regulation of the certification service provider party of the electronic signature according to the Palestinian Electronic Commerce and Exchange Law. The study specifically identifies this party, defines mechanism of its work and the services and activities it provides. Pertaining to the certification entity, the researcher in this study has showed that the Palestinian Electronic Law has given a definition of this entity. It is a certification service provider in a natural person or legal person who is licensed by the General Authority of Electronic Certification to implement the provision of the articles of the Electronic Signature Law. Pertaining to the electronic signature, it was found that the Palestinian Electronic Commerce and Exchange Law have for example provided several versions of the electronic signature. In doing so, it has provided an avenue for appearance of new versions of the electronic signature in the future. The Palestinians lawmaker has provided a number of conditions which the electronic signature must meet in order to win proof of evidence. Traditional texts in the Palestinian Evidence Law and texts in the Palestinian Electronic Commerce and Exchange Law are capable of accommodating the modern electronic means, thanks to the freedom of parties in the agreement to prove their dispositions in any way they see appropriate, save the contracts which require a certain form. In addition, the researcher has showed that the Palestinian Electronic Commerce and Exchange Law have provided a definition of the certificate for the electronic signature, has spelled out the cases in which the certification of the electronic signature could be suspended. However, the Electronic Signature Regulation Law had no reference to it. Finally, the study has found that the Palestinian Electronic Commerce and Exchange Law have recognized the foreign certificate on condition of the presence of a mutual recognition agreement and the principle of reciprocity.