The Legal Regulation of Electronic Commercial Papers: A Comparative Legal Study

Muwaffaq, Fawzia Dhunoun; Ahmed, Shaimaa Fawzi; Ali, Maha Ramzi Muhammad

doi:10.63677/jqlap.2026.170199.1569

	The Legal Regulation of Electronic Commercial Papers: A Comparative Legal Study
AL-Qadisiya Journal For Law and Political Sciences
Article 26, Volume 17, Issue: 2 part 1, September 2026, Pages 559-572 PDF (449.66 K)
Document Type: Research Paper
DOI: 10.63677/jqlap.2026.170199.1569
Authors
Fawzia Dhunoun Muwaffaq^* ; Shaimaa Fawzi Ahmed; Maha Ramzi Muhammad Ali
College of Law / University of Mosul
Abstract
Electronic commercial papers are a manifestation of e-commerce that has recently become widespread. They serve as a means of fulfilling financial obligations and a type of electronic payment. These digital alternatives to bills of exchange, transfers, and checks are created electronically and possess specific characteristics that distinguish them from traditional commercial papers. However, they retain the same legal force as traditional commercial papers. The Iraqi Electronic Signature Law No. 78 of 2012 permits the electronic creation of these papers. Despite their significant practical benefits, these papers face some challenges in their practical application, necessitating the development of a legal framework that clarifies their legal provisions, how they are handled, and their methods of execution, similar to traditional commercial papers. The research adopted the method of analysis and comparison between the Iraqi Electronic Signature Law No. 78 of 2012, the Iraqi Electronic Commerce System No. 4 of 2025, the Egyptian Electronic Signature Law No. (15) of 2004, and Law No. (64) of 2021 on Electronic Transactions and Emirati Trust Services.
Keywords
Commercial paper; electronic; credit; trading; commerce

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