Typology of electronic documents and taking evidence of them

Abstract

In the light of the code definition of a document (Article 77³ of the Civil Code), an electronic document is one of the types of documents. However, its technical structure makes it necessary to apply different provisions at the procedural level depending on the content of the document and whether it contains certain elements. Due to the differences in the form of recording and the differences in the data carrier, it is not possible to apply all the provisions relating to traditional documents to electronic documents. The constant development of technology may also cause changes in the very concept of a document and the need to interpret the provisions on evidence in such a way as to enable taking evidence from a document in a new form (an example of which is the so-called smart contract).