Abstract
Electronic contracts are international contracts, cross-border, and do not fall within the borders of a specific country, and are commercial, civil, or mixed according to the nature of each contract and the relationship between the parties to the contract. In the conclusion of the electronic contract, the offer must be clear, indicating all the basic elements so that the midwife is aware of his matter, so the legislator was keen to provide a sufficient degree of protection for electronic transactions, due to the ignorance of each party to who deals with him, the image displayed on the computer screen must reflect the real situation of the goods without ambiguity or shortage, and the electronic acceptance must be clear, explicit, and silence is not considered acceptance in electronic contracting.
In the matter of proof of an electronic contract, the Palestinian Evidence Law adopted modern means of communication within the scope of exceptions, which means that no complete written evidence is required to give it legal authority, so freedom of proof was taken in commercial matters, noting that the nature of the rules of the law of evidence is complementary, and not peremptory, i.e. the parties may agree otherwise.
Since writing needs the signature of its parties to indicate their approval of its content, the signature on electronic documents has several forms, due to its nature, and the fact that it is done through electronic means, including biometric and digital signatures, electronic pen signatures, and others. The granting of authenticity to an electronic signature is closely related to the degree of security available in it among the concerned parties, so many legislations have sought to impose certain conditions on the electronic signature, to give it authenticity in proof, and there has been convergence between these laws in their conditions.
The researcher believes that there is nothing wrong with the adoption of electronic signature under the Palestinian Evidence Law by agreement of the parties, and this is due to the freedom of the parties to agree to prove their actions in any way they deem appropriate. The electronic signature is not accepted in all transactions by law, as some transactions are accepted, such as official transactions, transactions agreed upon by the parties, and there are transactions that are not accepted by electronic signature, depending on their specificity and sensitivity, which requires written documentation, and they have been received exclusively, so they may not be expanded, including the establishment of the endowment, the will, and their amendment, transactions for the disposal of immovable property, agencies, transactions related to personal status, and others.