WRITING ON THE ELECTRONIC PILLAR IN DIGITAL CONTRACTING AND ITS ROLE IN ACHIEVING CONTRACTUAL SECURITY – A COMPARATIVE STUDY –

Modern technologies are one of the most important technological innovations reached by the human mind, The least that can be said about it, they have tipped the scales and changed the usual concepts in the traditional theory of contracting, This led to changing the contracting pattern from the traditional pattern to the digital pattern, and technological techniques such as the Internet became one of the most important means through which digital contracts are concluded, Therefore, if the contract concluded in the traditional way relies on physical documents -paper written evidence -as a factor of support in proof, the digital contract has become based on the exchange of data electronically on paperless supports within digital communication devices, We are now in front of what is known as the electronic written guide, and because the proof of digital contracts is one of the most important things that the parties to the transaction are interested in in the digital field, Determining the proof of electronic contracting, especially the documents arising on the electronic support, and indicating the extent of their authority in proof, and what guarantees are granted to contractors in this type of transaction -digital contracting -in a way that achieves contractual security for them is an urgent matter imposed by the nature of the transaction, and in response to this, Moroccan international and national bodies have intensified their efforts to address the rules governing the proof of this type of contract.