LA PREUVE EN MATIERE D'ECHANGE DE DOCUMENTS INFORMATISES

Abstract

This article deals with the treatment of documents generated through computers within the law of evidence and with regard to specific provisions of the Civil Code. In the first portion the writer presents an overview of the new provisions as they relate to various computer-generated materials and their probative value. He then emphasises that the relevant provisions only deal with legal instruments. With regard to material facts, the general rules of the law of evidence should apply which the author considers will be adequate to the task if read broadly. The second part outlines the concept of the signature. The writer lists the criteria to be met in order to sustain an agreement under the Civil Code. He believes that the electronic signature meets these requirements. In the third part the author addresses the validity of agreements which are most frequently met within the context of computerised transactions. The author supports their recognition by the law. Finally, the writer argues for flexibility in the law of evidence so to permit the recognition of new ways of effecting agreements.