تطور مفهوم الكتابة في ضوء قانون المعاملات الإلكترونية الليبي رقم 6 لسنة 2022 دراسة قانونية تحليلية

Abstract

In light of the rapid technical development of communication means and information systems, and the spread of electronic transactions in various fields, electronic writing, which is data, documents, electronic messages, electronic signatures and documentation, has replaced traditional paper writing, using communication means, data processing systems, Internet networks and their various applications, which prompted the legislator in many countries to intervene to regulate these transactions with the aim of creating a legal framework that gives them legitimacy, protection and legal authority. In this regard, the Libyan Electronic Transactions Law No. (6) of 2022 was issued, which approved electronic writing based on the use of electronic documents and electronic signatures in all civil, commercial and administrative transactions, which is an amendment to the general rules related to writing as it is a fundamental pillar for the conclusion of many contracts and legal transactions and the validity of their enforcement, as well as the means and methods of proving them, This study seeks to identify the most important aspects of the development provided by the Libyan Electronic Transactions Law regarding the general rules related to the role of writing in the field of electronic transactions, and consequently the extent of the adequacy and effectiveness of the texts and provisions of the new law in relying on the electronic writing system as an effective practical alternative that has its full legal value and authority, and provides appropriate legal protection for the various parties