Înscrisul pe suport informatic şi înscrisul în formă electronică. Divergenţă sau unitate?
Data medium-based documents and electronic documents. Divergence or unity?

Summary/Abstract: We are witnessing a continuous progress of technology and we cannot deny the speed with which technology is advancing, which is why it was normal to adapt the legislation and, at the same time, to regulate new means of proof that meet the current requirements of society. Electronic means have started to be used in the process of creating, modifying or extinguishing legal relations, now many transactions are made through the Internet, which influences the development of electronic commerce. The granting of legal effects to electronic documents is a current concern at European level as well, and their importance in the legal scene is constantly emphasized. The electronic signature is the central element in terms of the electronic document, identical to the handwritten signature in respect of the document under private signature. However, is it necessary for all electronic documents to incorporate an electronic signature in order to produce legal effects? The separate regulation of the electronic document and the data medium based document creates confusion and has led to non unitary jurisprudence, often the courts denying the probative value of the data medium based documents for the lack of extended signature. Are there thus two distinct means of proof, the electronic document and the data medium based document? The article aims to answer this question and finally to determine the conditions of admissibility as well as the probative value of electronic documents.

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