Emails are legal proof of “verbal debts”

Legal experts have confirmed that electronic conversations are acceptable evidence in civil and commercial transactions, and are recognized evidence of condemnation before the courts, explaining that correspondence via WhatsApp, Facebook, or text messages circulated between individuals have the authority of customary documents in Proof, such as the authenticity of contracts, declarations, checks, and other matters carried out by their parties.

They pointed out that dozens of cases recently examined by the courts showed that many creditors resorted to proving their rights through messages and conversations with the defendants, via the social networking program “WhatsApp,” indicating the existence of a debt or loan of money, and relying on these messages to prove their rights. Whatever debts were returned to the plaintiffs, which were termed “oral debts,” were considered lost.

In detail, legal experts said that the rapid development of technology has emphasized the need to update legislation and laws that keep pace with developments and ensure the effective regulation of electronic transactions, noting that the UAE issued Federal Decree Law No. 35 of 2022 regarding regulating electronic proof in civil and commercial transactions, as part of its efforts to enhance The digital business environment, ensuring the stability of electronic transactions, and electronic proof has become an acceptable argument in civil and commercial transactions, in accordance with the terms and conditions contained in the law.

Lawyer Ibrahim Al-Tamimi confirmed that there is electronic evidence that takes the authority of official papers, including what takes the authority of customary papers with regard to what has become known as “verbal debts,” or the lending of money amicably between two people or between several parties, indicating that the decree law Federal No. (35) of 2022 regarding proof in civil and commercial transactions, Chapter Four of which was devoted to talking about proof by electronic evidence, and this was dealt with in six articles, namely Articles 53 to 59.

He said: “According to the law, any evidence derived from any data or information that is created, stored, extracted, copied, sent, communicated, or received by information technology means, on any medium, is considered electronic evidence, and is retrievable in a form that can be understood.” Pointing out that, according to the law, electronic evidence includes: the electronic record, the electronic document, the electronic signature, the electronic seal, and electronic correspondence, including e-mail, modern means of communication, and electronic media, in addition to any other electronic evidence.

He pointed out that unofficial electronic evidence has an argument against the parties to the transaction, if it was issued in accordance with the legislation in force in this regard, or if it was benefited from an electronic means stipulated in the contract in question, or if it was benefited from an electronic means that is documented or made public. The law has given the customary electronic evidence the authority assigned to the customary editor, and therefore WhatsApp messages, Facebook messages, or text messages circulating between individuals have the authority of customary documents of evidence, such as the authority of contracts, declarations, checks, and other things that are made by the hands of their parties. While official papers gain authority if they are issued by an official body (such as judicial notices), in accordance with Article (9) of the Civil Procedure Law and other matters done by a public employee.

While the lawyer, Salem Muhammad Obaid Al-Naqbi, explained that adopting letters and conversations as evidence is subject to the discretion of the court, as they are presented as a matter of appeal, especially in the event that one of the two parties to the lawsuit denies those conversations, and that with the tremendous technical development, it has become easy to fabricate such conversations. In addition to the possibility of hacking some accounts, and in some lawsuits, and even many of them, the person filing his lawsuit cannot prove the nature of the relationship except through electronic correspondence, as the plaintiff has no basis to prove his claim other than electronic messages.

Al-Naqbi said: “In emphasis on the importance of the authenticity of electronic messages in proving (oral debts), the plaintiff or defendant may, in the event that there is no basis for his claim other than e-mail or chat program messages, request the court to send the messages exchanged between the two parties for examination, and to examine the dates of the submitted correspondence. To the court, where the forensic laboratory addresses both parties to the dispute to review their accounts, so that the specialized engineer can issue a comprehensive technical report, which includes the authenticity of the messages submitted by both parties to the dispute, as well as examining the e-mail of the two parties and communication programs, and proving the authenticity of the e-mails submitted before the court.”

He added: “After that, a technical report is prepared by the competent engineer, and it is sent to the court in an envelope covered with wax. Both parties to the dispute have the right to review it after presenting it to the court, and then comment on what was stated in the report sent by the competent authority to regulate communications.”

He stressed that electronic documents and electronic signatures are now superior to traditional paper documents, in terms of their authority among written evidence, once their authenticity is proven, and then they become authoritative in proof.

Their opinion was supported by lawyer Hadiya Hammad, who said: “Given the technological development and the spread of social networking sites, many of our decisions and agreements have begun to happen remotely, so UAE law has also kept pace with this development, making conversations and electronic messages recognized legal evidence.”

Hammad said: “The Emirati legislator stipulates that there are legal and technical guarantees, so that people do not falsely accuse each other, and so that rights are not lost. For example, if the conversations are via WhatsApp, the phone number must be registered in the person’s name, and this is of course inquired about.” Through the prosecution or the court through telecommunications companies, and if the conversations are through social networking sites via (Facebook), for example, the state has designated a technical body, namely the electronic and technical laboratory, which can track the electronic account and find out its owner.”

Recently, the state courts witnessed many cases, filed by individuals, accusing their relatives, friends, or former spouses of borrowing money without a written document, and refusing to return it, and they do not have any proof other than conversations on social media programs, which included talking about transferring the amount or requesting the return of the advance, including A lawsuit was filed by a woman against another, in which she demanded that she be obligated to pay her an amount of 150 thousand dirhams, noting that she had transferred the amount to the defendant as a debt to pay off her debts, provided that she would return the amount within three months, but she did not commit to returning the amount, and provided a copy of the conversations. Between them on the social networking program (WhatsApp), and the court ruled to oblige the defendant to pay the plaintiff 150 thousand dirhams.

In a second case, a person filed a lawsuit against his friend before the Abu Dhabi Family, Civil and Administrative Claims Court, seeking to oblige him to pay him 50,000 dirhams, based on the claim that he had lent him the amount as a debt, and when he requested the amount to be returned, he was delayed in paying it. The court explained that It is proven in the papers, and via WhatsApp messages, that the affected person transferred 50 thousand dirhams to the second party in his account in a bank, and accordingly, the amount is owed by him.

In a third case, the Abu Dhabi Court for Family, Civil and Administrative Claims obliged a young man to pay his friend an amount of 300 thousand dirhams, which he had borrowed from him, and when he was asked to return it, he did not respond, and the court explained that what was confirmed in the papers, through electronic messages exchanged between the two parties to the dispute via the “WhatsApp” program Father,” that the complainant lent the defendant the amount, and repeatedly asked him to pay, and accordingly, the complainant’s request is based on fact and law.

In a fourth case, the Ras Al Khaimah Civil District Court ruled to oblige a man to pay a relative of his an amount of 12 thousand and 700 dirhams, which he had borrowed from him and refused to pay, considering it to be assistance and a gift, while the WhatsApp message revealed the plaintiff’s demand that the defendant pay the amount, and he promised. The latter returned it to him.

Steps to acknowledge emails

Legal experts have confirmed that according to the Federal Electronic Transactions and Commerce Law of 2006, an electronic message does not lose its legal effect or enforceability simply because it came in electronic form. The information contained in the electronic message does not lose its legal validity, even if it is brief, as long as access to the details of that information is available within the electronic system of its originator, stressing that this requires taking into account some steps in WhatsApp conversations to have an effective legal effect, including the use of Clear words and specific sentences during the conversation, referring to the topic explicitly, responding with clear sentences that do not carry multiple interpretations, refraining from using pictures and “emojis” in the conversation, and that the conversation be in Arabic if the other party is Arab, because it is “the approved language in the conversation.” Courts”, in order to prevent the opponent’s defense from arguing about the interpretation of the translated words, and that the messages carry the opponent’s phone number, make sure that it is his personal number, and write the person’s name clearly during the conversation, so that he cannot deny and have to prove that the number belongs to him, in addition to keeping a record. Messages and conversations with the opponent in full, and not deleting any parts of it.