Civil Liability Provisions of the Notary Public in Electronic Transactions: A Comparative Study
摘要
The researchers explore the subject of civil liability provisions of the notary public in electronic transactions by adopting a comparative approach. The significance of this study stems from the lack of legal provisions within the Notary Public Law that delineate the forms and stipulations of civil liability for electronic notaries, thereby necessitating a reference to the general provisions specified in the Jordanian Civil Code. The core issue addressed in the study pertains to the uncertainty surrounding the legal classification of the civil liability of the electronic notary in Jordan, as well as the ambiguous legal nature of liability arising from errors made by the notary in electronic transactions. This raises questions regarding whether such liability is contractual or tortious, and under what conditions the electronic notary might be exempt from liability. The study arrived at several conclusions, the most notable being the absence of specific legal texts governing civil liability resulting from the mistakes of electronic notaries. In conclusion, the study offered a series of recommendations, the foremost being the suggestion for the Jordanian legislator to revise the existing Notary Public Law and the Electronic Transactions Law to incorporate explicit provisions that define civil liability for errors committed by notaries in electronic transactions.