The Positive Nature of Data Message as the Evidence in proof of Claims

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MIRSHEKARI ABBAS; Alaei saber

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Journal Paper

Paper Information

Journal: Legal Research Year:2022 | Volume:24 | Issue:96 Page(s): 301-326

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Information Journal Paper

Title

The Positive Nature of Data Message as the Evidence in proof of Claims

Author(s)

MIRSHEKARI ABBAS | Alaei saber | Issue Writer Certificate

Keywords

Secure Message Data

Electronic Reasons

Documents

Evidence in proof of Claims

Written

Abstract

Today, one of the most commonly reasons use in claims, is electronic evidence. Due to being new this form of reasons, this question comes to mind that these types of reasons are new, or the template and form for the reasons proof of existence (in article 1285 civil law). If you choose second assumption, this question arises that this type of electronic message used in the claim, the form and template what type reason (whether it is a circumstantial evidence or a document and so on) is. By investigating in the legal texts and examining the types of data messages, it can be argued that Electronic Reasons is essentially as a template and form of the reasons proof of existence that can be regarded as a document or a circumstantial evidence unless in particular non-documentary reliable data messages (such as recorded sound in black box of aircraft) that are not in template of the reasons proof of existence. That is, the new reason with its own specific proof burden, while not considered as a document, because of a reliable electronic record is not doubtful and undeniable.

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