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Document Type |
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Thesis |
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Document Title |
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Digital Documents as Evidence in Saudi Law: A comparative study عنوان الرسالة: المحررات الرقمية كدليل للإثبات في النظام السعودي - دراسة مقارنة |
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Subject |
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Faculty of Law |
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Document Language |
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Arabic |
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Abstract |
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Nowadays electronic transactions have become an integral part of our daily transactions, so proof as can be in traditional writing, it may also be electronic or digital writing. As a result, and in the interest of the Saudi legislator to keep abreast of recent developments, digital documents have been legalized as a means of proof with digital evidence in the new Saudi Evidence Law. Due to the novelty of the Saudi Evidence Law, and given the importance of digital evidence in proof, this letter dealt with the answer to the problem: the adequacy of the legal provisions governing digital documents in Saudi law, and were they well and adequately organized without a legislative vacuum or room for diligence in setting a standard to distinguish digital documents and the extent of their authority in proof? To answer the research question, the researcher followed the comparative descriptive analytical approach, by describing and analyzing the materials related to digital evidence in the Saudi Proof Law and related laws , and comparing them with the Jordanian law. The researcher reached a number of results, the most important of which is that the Saudi legislator has enacted the procedural provisions related to digital evidence within the texts of the evidence Law and has referred many of the substantive provisions related to digital evidence to the Electronic Transactions Law and other related laws. Also, the Electronic Transactions Law - due to its lack of novelty - mixed some digital evidence, and left some other digital evidence unregulated. Therefore, and in light of the previous results, we recommend that the Saudi legislator completely re-legislate digital evidence in the Saudi Evidence Law, or re-enact the provisions related to digital evidence contained in the Electronic Transactions Law to comply with the new Evidence Law. We also recommend the Saudi legislator - in general - to define digital evidence and text their concept without reference to the law of electronic transactions and related laws. We also recommend - in particular - to define digital documents, and we can define digital documents as: it is everything that can transmit information from one person to another>,whether it is writing numbers or information, and it was created and sign it and trade it digitally. |
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Supervisor |
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Dr. Fisal Satouf ALASSAF |
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Thesis Type |
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Master Thesis |
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Publishing Year |
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1445 AH
2023 AD |
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Added Date |
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Sunday, November 26, 2023 |
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Researchers
| سلطان سليمان الجدعاني | ALJADAN, SULTAN SULIMAN | Researcher | Master | |
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