النظام القانوني للعقد ا لإداري الالكتروني و حجيته في الاثبات

Abstract

The emergence of the WEB (Internet) has upset traditional norms and practices. E-mail then became the main link for the exchange of information and services, commercial or administrative, for all public and private sectors, as well as traditional means of communication such as telephone, fax, telex and others. . The emergence of electronic documents, which are not based on paper, led to the development of the signature. This took the form of a standard signature, digital or so-called electronic. Recognition of the effectiveness of electronic links remains incomplete and has no practical benefit. As this requires a signature in the owner's handwriting, that was forced to take the electronic signature as an inevitable result of obligations and electronic contracts. This brief aims to clarify the legal system of the electronic administrative contract and to seek the authenticity of the modern means of proof used in administrative transactions and their legal value before the courts, in Algerian or comparative law. The authenticity of the writing and the electronic signature as well as the conditions of their validity have been clarified in order to be adopted as acceptable means of proof for the judiciary, especially as public administrations are slowly evolving towards society digital technology by opening the way to the electronic administrative contract. In the end, we concluded that the Algerian legislator, like others, had recognized modern means of evidence with the same authoritative means as the conditions prescribed by law.