The Validity of Electronic Documents in Family Lawsuits

Documents are considered one of the most important and common evidence in criminal and civil lawsuits. In civil law, Article 1258 lists written documents as one of the means of proving a claim, and Article 1284 restricts documents to "writings." Civil law, civil procedure law, and registration regulations extensively discuss "documents and related provisions" in detail. However, discussions regarding electronic documents and their evidentiary value have gained significant importance in today's daily relationships, especially in the field of family law. The legislator, in the Electronic Commerce Law, considers electronic data messages and electronic signatures equivalent to traditional writings and signatures (e.g., signatures under contracts) and recognizes their evidentiary value. Based on this law, the validity of many electronic documents has been established or refuted in various lawsuits. In this article, we intend to examine and analyze the validity of electronic documents presented in family lawsuits, considering the laws and judicial procedures existing in Iran.