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The Dematerialization of Acts and Agreements (of the French Experience in Terms of Its Reception by Iranian Laws ?)

Thesis

French

ID: <10670/1.w6e8rm>

Abstract

The electronic signature is based on a history of scientific experiments but it is only at the end of the twentieth century that the Americans recognized electronic signature. The European Union, in its turn, adopted the electronic signature in 1999. In The French legislators became involved in a fundamental revision of the laws of the proof. On March 13, 2000, a law carrying “the adaptation of the law of the proof to information technologies and to electronic signature” was promulgated by the Jospin government. This law added the paragraph 2 in the Article 1317 which allows establishing and keeping authentications under the conditions decided by Decree in Council of State. The last phase of the evolution of the French Law of the Proof was completed by the decree of August 10, 2005. This Decree established the conditions relative to the establishment and preservation of electronic authentication. The most important contribution of this Decree was that it invented remote electronic authentication that was still imperfect to that day. From here it was in the High Council of the French Notary’s practice to develop the system of establishment and preservation of authentication. It employed the networks and secured “Real” key, the Télé@ctes system. It established Minutier Central with very high level of security.It was in 2003 when the Iranian legislators became interested in this global trend and inspired by the laws of the other countries, and in particular by laws of the European Union and the United States. On January 8, 2003, Iran approved a law on the e-commerce. the Iranian legislators excluded electronic authentication in this law. In this thesis, we are going to note some important differences between Iran and France.

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