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Adopting the concept of the electronic notary public | ||
| AL-Qadisiya Journal For Law and Political Sciences | ||
| Article 29, Volume 17, Issue: 1 part 1, March 2026, Pages 641-666 PDF (743.94 K) | ||
| Document Type: Research Paper | ||
| DOI: 10.63677/jqlap.2026.168543.1541 | ||
| Author | ||
| Hanaa Saleh Kharbit* | ||
| College of Law / University of Anbar | ||
| Abstract | ||
| Adopting the concept of the electronic notary public is one of the most important outcomes of digital transformation in the judicial field, representing a qualitative leap in the mechanisms for documenting and proving legal transactions. Electronic documentation is no longer merely an alternative technological means, but has become a comprehensive legal system that necessitates a re-evaluation of traditional notarial concepts, especially in light of the rapid development of electronic transactions and their increasing reliance in various fields. Therefore, the implementation of this system cannot be achieved without establishing a comprehensive set of legal safeguards that protect both notaries and those dealing electronically. These safeguards include ensuring the legal validity of electronic documents and signatures, guaranteeing reliable verification of identity and proof of intent, protecting personal data and confidentiality, precisely defining legal responsibilities, and guaranteeing the right to appeal and judicial oversight of electronic notarial acts. These guarantees are a prerequisite for building trust in electronic documentation and promoting its acceptance at the practical and judicial levels. Therefore, the electronic notary is no longer a legislative luxury or a future option to be postponed, but has become a legal necessity imposed by the nature of modern transactions and the requirements of digital justice. Thus, adopting this system within an integrated legislative framework and effective legal guarantees would contribute to developing the judicial documentation system, enhancing trust in official documents, and achieving greater efficiency and transparency in judicial work | ||
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