Adopting General Rules to Regulate Writer with Traditional Justice in Organizing the E-Certification Body in Contemporary Iraqi Legislation

Abstract

https://doi.org/10.51345/.v32i2.340.g227

The legal and legal necessity in electronic and third-party legal transactions dictates, and keeps abreast of modern developments in this field, The Iraqi legislature, according to the Electronic Signature and Electronic Transactions Law No. (78) Of 2012, created the electronic authentication body, and set out the conditions for its establishment, scope of work, terms of reference and mechanisms for carrying out its activities, to be -from a functional point of view -an extension of the writer with traditional justice, organized under the provisions of the Notary Book Law No. (23) for the year 1998, However, the texts regulating the work of the first are not at the level of the legislative organization of the work of the second, which necessitates researching the extent of the success of the adaptation of the general rules regulating the writer with traditional justice, in completing the aspects of organizing the electronic documentation body in contemporary Iraqi legislation, to ensure the achievement of the goal for which this body was established , The study showed the possibility of adapting texts related to the substantive aspect, which do not contradict the default nature of the documentation side, and the impossibility of this with regard to the functional aspect, related to the nature and entity of each of them.