The Accreditation of Notaries in Electronic Transactions: A Comparative Study
摘要
The significance of this study arises from the advancements in technology that facilitate the electronic documentation of transactions, which aims to safeguard the privacy and confidentiality of such dealings. As the Jordanian justice system undergoes digital transformation, there is an urgent necessity to implement electronic notary services, enabling the documentation, authentication, and signing of transactions without requiring the physical presence of the parties before the notary. The core issue identified in the study is that, despite the recognized advantages of employing electronic notaries to streamline legal processes and the Jordanian legislator’s endorsement of the Electronic Transactions Law, the function of electronic notaries has not fulfilled its intended role in the electronic documentation of transactions. This issue is exacerbated by the lack of clarity within the legal framework that governs the operations of electronic notaries. The study concluded with several findings, the most noteworthy being the absence of legal regulations pertaining to the appointment, jurisdiction, and the duties and responsibilities associated with the role of electronic notaries. The research additionally offered a series of recommendations, prominently advocating for the Jordanian legislator to sanction the facilitation of electronic transactions without requiring the physical presence of the involved parties at the notary’s office. Furthermore, the study suggested the amendment of the existing Notary Law to establish the permanent use of electronic notaries across all transactions, as well as the revision of the Electronic Transactions Law to formally acknowledge notaries as an authorized entity for documentation purposes.