电子签署的法律规定

IF 0.9 3区 社会学 Q2 LAW
Tea Edisherashvili
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引用次数: 0

摘要

包括互联网在内的信息技术的发展极大地改变了人类的生活。民事交易中最大的一部分是电子商务。后者是通过电子合同执行的。从理论的角度来看,电子合同是一种交易,电子签名的存在是其认证的重要组成部分,而电子签名的存在又决定了书面形式的存在与否问题。本文就电子签名的法律地位、技术安全和可靠环境等问题进行了论述。适用法律文书的必要性是由纸质业务的执行实践逐渐消失的必要性所决定的。只有在文件的认证和签名被遵循并且所有这些都得到第三方承认的情况下,电子文件交易的应用才有理由。尽管电子签名的模式多种多样,但对于所有电子签名来说,重要的是要有一个可靠和安全的环境,以保证签名的安全和签名者的身份。文章从格鲁吉亚、俄罗斯联邦、欧洲大陆、普通法院成员国的立法以及国际组织制定的指令和指导方针出发,阐述了电子签名法律管理的相关问题。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Legal Regalements of E-Signature
Abstract The development of informative technologies, including that of the Internet, has significantly changed the human’s life. The largest portion of civil turnover has been encompassed by e-commerce. This latter is being executed through e-contracts. The e-contract from the doctrinal point of view is considered as dealt and the existence of e-signature is an essential component of its authentication, which in its turn determines the issue of existence-absence of written form. The present article is related to the issues of legal status, technical safety and reliable environment of application of e-signature. The necessity of applying the legal instrument was conditioned by the necessity of gradual disappearance of paper-based operations’ execution practice. The application of e-document turnover is justified only in case if the authentication of the document and the signature placed on it has been followed and all this has been acknowledged by the third party. Despite the various models of e-signature, for all of them, it is important to have a reliable and safe environment, for guaranteeing the safety and signer’s identity. The article shows the issues related to legal governing of e-signature according to the legislation of Georgia, also Russian Federation, Continental Europe, Common Court member states, as well as directives and guidelines developed by international organizations.
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来源期刊
CiteScore
1.70
自引率
10.00%
发文量
8
审稿时长
8 weeks
期刊介绍: The Journal of Legal Studies is a journal of interdisciplinary academic research into law and legal institutions. It emphasizes social science approaches, especially those of economics, political science, and psychology, but it also publishes the work of historians, philosophers, and others who are interested in legal theory. The JLS was founded in 1972.
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