Customary Bonds and their Evidentiary Arguments (Comparative Study of Jordanian Law)

Abstract

In the light of scientific development and the scientific and cognitive expansion nowadays, customary bonds have become a must. In general, it evolves over time and it needs other means that are not known in the past, such as the electronic bonds, in order to be aligned with the legal solutions as a result of the spectacular expansion. The written documents are the supreme document in civil evidence. The Palestinian and Jordanian legislators have divided the written evidence, in the Evidence Law, into official bonds and ordinary bonds, which are the subject of this research. This study, in turn, is confined to the ordinary bonds, as it is the weakest link in the field of civil evidence and in view of their importance in practice, especially since the Jordanian legislator has considered electronic bonds as physical bonds in terms of strength of proof. The study clarified what ordinary bonds are, the conditions for their creation, and their authoritative evidence. It also touched on the authoritativeness of electronic bonds and explained their authoritativeness compared to the Palestinian law. The study recommended that the Palestinian legislator need to take into account the electronic transactions law, given its importance, especially those means that are carried out through modern communications, which thrive within the scope of trade.