ELECTRONIC SIGNATURE: LEGAL AND PRACTICE REVIEW OFTHE REPUBLIC OF SERBIA

Justicia

Faton SHABANI¹  Dragana RANDJELOVIC² 

[1] Department of Civil Law, Faculty of Law, University of Tetova ;Department of Legal Sciences, International University of Novi Pazar ;

关键词: electronic signature;    digital document;    legal framework;    practice;    challenges;   

DOI  :  

来源: DOAJ

【 摘 要 】

In the modern world, everything has digitalized with time. From online shopping, banking to automation ofcomplex business functions, everything is digital today, and it lays the foundation of our future as well. One of thethings that has become more popular and at the same time about which debates have taken place is electronicsignatures or e-signatures. This is because in today's practice of contractual legal transactions dealing with terms suchas, electronic signature, digital signature, e-signing software, e-signing solution, advanced electronic signature,qualified electronic signature, has become normal. The purpose behind these terms is that they primarily stand for theability to transform a hard copy document into a digital document or record. An electronic signature is an electronictool - often a sound, symbol or process - linked to a contract, document, or other record. As such, electronic signaturetoday has taken place in the vast majority of countries around the world gaining the same weight and legal effect asa traditional paper document with a pen and ink signature. Such an extension of electronic signature has resulted inthe adoption of legal rules in these countries, which given the tradition of different systems belonging to the states,has resulted in a variety of solutions which occasionally differ substantially between themselves. This was the reasonwhy, at the global level, discussions and preparations for the drafting of rules of international character began, whichwill provide answers to the controversial issues for electronic signatures on cross-border transactions. In this regard,UNCITRAL is distinguished by model laws and the European Union by directives and regulations for its memberstates. The objectives of this article are as follows: (1) to identify the need for establishing a legal framework forelectronic signatures; (2) to present the overview of the legal framework of the Republic of Serbia regarding theelectronic signature; (3) to provide a concise summary of the procedure of getting electronic signature; (4) to explainthe problems and challenges faced by the use of electronic signatures in Serbian contractual practice. The authorshave achieved these objectives through the review of legal regulations and practice in the Republic of Serbia.

【 授权许可】

Unknown