The impact of electronic signatures on proving electronic contracts: A study in light of Iraqi legislation

Abstract

guide behind every process of drafting or amending legal rules in a state. It is not merely a reaction to existing realities, but rather a forward-looking and strategic plan aimed at achieving specific social, economic, and political goals. The importance of this policy becomes particularly evident when facing radical challenges and unprecedented developments in traditional legal systems. Perhaps the digital revolution and the accompanying tremendous advancements in communication and information technology represent the most significant challenge facing legislators worldwide in recent decades. This reality has given rise to new forms of transactions, most notably electronic contracts, which take place in a virtual environment that transcends geographical boundaries and is characterized by speed and intangibility. This profound transformation has put traditional rules of evidence, which have long relied on paper documents and handwritten signatures, to a real test, creating a state of legislative vacuum and legal uncertainty. Here, the pivotal role of legislative policy emerges, as the legislator is expected to intervene to provide the legal infrastructure capable of accommodating these modern transactions. The electronic signature comes at the heart of this regulation, as it is the technical and legal tool that aims to bridge the gap between the traditional and digital worlds by providing functions for identification and acceptance of obligation.