The electronic administrative contract and the its proof of evidence in Iraq and the UAE

The electronic administrative contract is made without the need for the physical presence of the parties. The absence of a real contract board is only a virtual one. It is part of the range of remote contracts, where the exchange is proposed and accepted through the internet. Therefore, it is immediate and contemporary. The electronic contract is adopted by electronic commerce as its basis. But the difference between them lies in the means by which each of them is held. The electronic contract requires the electronic method through an international network that is open for remote communication. However, the problem arises in the case of disputes between the parties, and these disputes need judicial or non-judicial solutions for the purpose of settlement, and for the validity of the process of litigation or arbitration in the electronic contract naturally, so we need to prove this contract, where the judge or the arbitrator needs to use electronic documents and others in a way that can prove the fact of the contract or not and prove the failure of any party in the event of a dispute among them. Therefore, we find that the statement of the legal authenticity of electronic documents is important for the purpose of giving them the real legal value in the verification of electronic contracts. However, any shift in the administration’s work from its traditional to electronic form requires that it be preceded by a significant series of preparations and material and non-material supplies, including the widespread use of the Internet among the local population, and the organizational culture of the workers so that the transformation process has an economic feasibility that contributes to the development process, and the study concluded that the electronic contract is a reality determined by law, and it is a contract in a virtual council, and it is considered a contract between those present in terms of time and absent in terms of place, and many laws have given authenticity to electronic documents in proof equal to the authenticity of paper documents. This research includes three chapters that dealt with in the first chapter the electronic administrative contract and what this title contains in terms of the definition of the electronic contract, the methods of concluding it, the formal aspects that make up the contract, and to determine the obligations and the legitimacy of this new technological work, we went to study the legal nature of the electronic administrative contract council through the passage The jurisprudential disagreement about the nature of the contract board, as well as the contract via e-mail, its legality and the possibility of proving it, in the second chapter, and because this shift from traditional work to electronic work is considered a modern shift that requires clarification of the extent of its authority and methods of proof. We dealt with this topic in the third chapter.