Volume 3, Issue 2 (1-2022)
مطالعات فقه و حقوق رسانه 2022, 3(2): 137-153 |
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The Validity of Electronic Evidence in Family Lawsuits. مطالعات فقه و حقوق رسانه 2022; 3 (2) :137-153
URL: http://journal.refah.ac.ir/article-1-80-en.html
URL: http://journal.refah.ac.ir/article-1-80-en.html
Abstract: (341 Views)
Abstract: The Electronic Commerce Law (2003) and even the Cyber Crimes Law (2010) have confirmed the validity of electronic evidence, and there is no problem in relying on such evidence. Considering that in the present era, data on the internet and the virtual world, if proven to be attributed to real individuals or legal entities, can be used as evidence in lawsuits. With the increasing role of technology in people's lives and the emergence of numerous transactions in the virtual space, relying on interactions and conversations that take place in the virtual space has also become a focus in legal matters, and they can be relied upon legally. Although the nature of electronic evidence is different from traditional evidence, by employing technical methods, the elements that the law deems necessary for the validity of evidence can be provided in electronic evidence. Therefore, the Electronic Commerce Law, while equating electronic messages and signatures with traditional writing and signatures, considers electronic evidence as a new type of valid evidence and recognizes its probative value. Undoubtedly, such evidence is also acceptable in family lawsuits and can be used as evidence in establishing claims, whether through screenshots or the Electronic Evidence Act, as there is no prohibition on the use of electronic evidence in various types of lawsuits.
Type of Study: Research |
Subject:
Special
Received: 2021/09/23 | Accepted: 2021/12/5 | Published: 2022/01/4
Received: 2021/09/23 | Accepted: 2021/12/5 | Published: 2022/01/4
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