بررسی حقوقی امضا در پرتو قانون معاملات و امضای الکترونیکی افغانستان

Abstract (English)

Electronic signature is data that is attached to a message data and serves to identify a person and indicate their consent to the content of the message data. In the legal system of Afghanistan, particularly in commercial laws, there are regulations addressing the legal effects of signatures. Therefore, this article employs descriptive and analytical methods to examine the laws and addresses the question of what the legal nature of electronic signature is in the laws of transaction and electronic signature in Afghanistan. The importance of this topic lies in the fact that electronic signatures are a new subject in Afghanistan and even at the international level. Awareness of the legal issues surrounding electronic signature can help prevent disputes in the field of electronic commerce. The conclusion is that electronic signature, in terms of their evidential value, are divided into two types: simple electronic signature and secure electronic signature. A simple electronic signature can be denied and questioned just like a signature on ordinary documents, whereas a secure electronic signature has evidential value similar to that of signatures on official documents and can only be claimed to be forged. The general rule regarding electronic signature is that they have similar effects to handwritten signatures. These effects include: indicating the intention of creation, identifying the individual, confirming the contents of the document and providing evidence of attribution of the document to the signer.

English