Validation of electronic bills of exchange in Iranian law by looking at American law in the light of UNCITRAL

Abstract

lectronic bill of lading has a special place in commercial law today. On the one hand, in parallel with the observance of business principles, including the principle of the speed of business affairs, its electronification is also inevitable and requires the application of rules and regulations to stabilise and validate them. On the other hand, because the judicial validation of this crucial electronic document is ambiguous, it is necessary to use the international rules and the laws of leading countries to regulate the governing rules for this document. Therefore, in the analysis of Iran's laws in this regard with the descriptive and analytical method, the criteria of UNCITRAL rules and combined with those laws of the United States as a leading country in registering the rules of electronification of commercial documents, the international achievements of validation and verification of the confirmation and assignment of this document to the obligee And the issuer of the electronic bill is introduced. This way, electronic signature stabilisation criteria and public assurance methods, a judicial act, can be selected as a criterion and presented as a problem. Investigations showed that the rules of UNCITRAL are closer to the rules of justice in this regard, and some of the rules of the law of Utah in the United States regarding electronic bills of lading are different from what is the public and private link of judicial validation of other electronic evidence.

Keywords

• validation
• electronic commercial document
• iranian and american law
• electronic signature
• evidence