Status and legal effects of signature defects in the preparation of documents

Document Type : Original Article

Author

Assistant Professor, Department of Law, Shahrekord Branch, Islamic Azad University, Shahrekord, Iran

Abstract

Signing a writing is, in essence, a voluntary creation and one-sided legal act, the effectiveness of which, in addition to the ability of the signatory, requires two conditions, namely, the intention to act and the result. Formally, it should be the exclusive mark of hand rotation, fingerprint or stamp. If the signature is complete, it causes two legal and judicial effects in such a way that, firstly, it involves the apparent will in creating a creative legal act, the subject of the writing such as offer, acceptance, rescission or declarative such as confession, testimony and claim. Secondly, but what is a complete signature and what is the defect in the signature? What is its criterion and basis and what is its sanction? The present article answers each of these questions with a descriptive-analytical method and concludes that the signature in its general meaning may be single or multiple and is made in principle or representationally. In each case, the law, contract or effective declaration specifies that the signature is complete or incomplete. Incomplete signature is not effective, but as the case may be, it can be the cause and reason of civil, contractual and criminal responsibility for its owner.

Keywords

References

-Emami, Seyed Hasan (1996). Civil Law , Vol.6 , Tehran : Eslamiye Bookstore
-Bazgir , Yadollah (2000). Scales of Commercial Law in the Judgements Violations of Supreme Court of Country , Ganje Danesh Publication
-Bazgir , Yadollah(1999). The Reasons of Criminal Judgements Violations in Supreme Court of Country, Hoghoughdan Publication
-Bahrami , Bahram (2004). Practical Commercial Law, Baiene Publication
-Pourarshad , Nader(2016). Signature , Seal and Fingerprint in Iran Law , Majd Publication
-Pourarshad , Nader(2014) .Signature in Iran Law , Researches of Private Law Journal
-Sabet Saeedi , Arsalan (2008) . Commercial Law , Payame Noor University Publication
-Jafari Langroudi , Mohammad Jafar (1994). Legal Terminology , Ganje Danesh Publication
-Jafari Langroudi , Mohammad Jafar (1984). Legal Encyclopedia , Ganje Danesh Publication
-Jafari Langroudi , Mohammad Jafar (1962) . The Effect of Will in Civil Law , Gilan Publication
-Demerchili , Mohammad and others (2007). Commercial Rules in the Current System , Misaghe Edalat Publication
-Dolatshahi , Fathollah , Appearance History and Situation of the Signature in the Documents , Originate from www.shaaparak.com
-Dolatshahi , Fathollah , Appearance History and Situation of the Seal in the Documents , Originate from  www.shaaparak.com
-Shams , Abdollah (2010). Evidence to Prove the Claim , Edrak Publication
-Sadrzade Afshar , Seyed Mohsen (1992) . Evidence to Prove the Claim in the Iran Law , Markaze nashr daneshgahi Publication
-Oloumi , Mohammad (2008) . Appearance of the Signature and Seal and its Effects , Vol.77 , Kanoon Journal
-Fakhari , Amirhosein (2009) . Legal Thoughts 3 , Commercial Law , Article : Signature and its Role in the Issuing a Check , Majd Publication
-Ghasemi , Mohsen (2010) . Formalism in the Civil Law , Mizan Publication
-Katouzian , Naser (1991) . General Rules of Contracts , Beh Nashr Publication
-Kamyar  , Mohammad Reza (1998) . Selective of Civil Courts Judgments , Hoghoughdan Publication
-Mirmohammad Sadeghi , Hosein (1998) . Crimes Against Properties and Ownership , Mizan Publication
-Najafi , Hosein (2006) . Article : Criticism of the Article Defective Signature in Binding Documents of Corporations , Vol.58 , Kanoon Journal
-Valizade , Salman (2006) . Article : Defective Signature in the Binding Documents of Corporations , Vol.56 , Kanoon Journal
-Salman Zade , Jafar and Abasi , Mostafa(2019) . Article : The eEffect of Reluctance in the Igha (Unilateral Obligation ) , Vol.18 , Journal of Studies in Islamic Law & Jurisprudence
-Sajedi , Mahdi and Emsaki , Navid (2021) . Article : Identification of Jurisprudential Approach Precedence of Official Documents in the System of Islamic Judgment Problems , Vol.25 ,  Journal of Studies in Islamic Law & Jurisprudence
 
 
 
Journal of Studies in Islamic Law & Jurisprudence
Volume 15, Issue 32
December 2023
Pages 189-208

Files

Share

How to cite

Statistics