Journal of college of Law for Legal and Political Sciences

Abstract

This research is surveying the topic of Electronic Commercial Registers in terms of undergoing an analytical study about its legal authenticity. The significance of this topic stems from the recent development of commercial transactions and its usage as a modern means for record that is different than the classic ones to regulate commercial registers. Additionally, this study stems from the non-existence of a legal regulation dedicated to systemise this type of registers. For such a purpose, the researcher has utilised the descriptive analytical approach to study and analyse Iraqi legal provisions besides the comparative tool to identify the stance of other comparative laws. This research has scrutinised the concept, types, terms, means, legal power, and the official mechanisms to place these commercial electronic registers in front of civil courts. This study has concluded that electronic registers are no more than a state-of-the-art means in the manner of regulating classical registers. Regarding its legal authenticity, it has been illustrated and shown that these electronic registers take the same provision of classical debentures in terms of vindication due to the existence of the condition of electronic signature. As a result, all provisions regarding the protest of classical portfolios are applicable to the new e-registers. In addition, e-registers have characteristics that differ than classical ones, such as its non-ending pages and the manner of being prone to censorship by the notary. Based on the above-mentioned results, it is recommended to insert some changes in Iraqi Code of Commerce in terms of setting a regulatory legal system regarding these registers to accommodate new scientific developments prevailed in commercial activities. It is also recommended to do the same with respect to Iraqi Vindication Code, which means granting these registers the same legal power existed in classical registers in judicial vindication.