Functional Equivalents in Electronic Documents

Abstract

It is well-established in legal studies that sound legal analysis begins with defining the concept and constructing the theoretical framework upon which the principle under study is based. Dealing with a functional analogue cannot be done without first understanding its linguistic and terminological meaning, then examining how it is addressed legislatively, if any, and deconstructing the relationship between it and other similar or overlapping concepts, such as the "functional approach," which is presented in some studies as a synonymous or related term despite the differences between them. Therefore, I will attempt to define the concept precisely and its scope, as this is a fundamental condition for overcoming conceptual ambiguity and moving towards well-defined applications throughout the chapters and sections of this study.

In our research entitled "The Legal Framework of the Functional Equivalence Approach in Electronic Documents," and given the existence of legal texts that recognize equivalence and parity in terms of legal validity and functions, a single text within a comprehensive legal framework is insufficient, especially since the subject has emerged and evolved as a result of modern technological revolutions and their ramifications. All of this necessitates further research and detailed analysis to understand everything related to documents and their absolute admissibility as evidence, even in the presence of paper evidence. This requires specific legal texts to address these issues. Therefore, we will adopt a comparative approach between laws (American, Jordanian, and Iraqi), as well as examine the positions of legal scholars and the judiciary on this principle. Upon completion of all this, we will arrive at a conclusion summarizing the findings and recommendations reached by the researcher.