نوع مقاله : مقاله پژوهشی
1 استاد یار دانشکده حقوق و علوم سیاسی، دانشگاه تهران (پردیس فارابی)، قم، تهران.
2 کارشناسی ارشد حقوق ثبت اسناد و املاک، دانشکده حقوق، دانشگاه تهران (پردیس فارابی)، قم، ایران.
عنوان مقاله [English]
signature is one of important reasons for the vacuum of legal studies in its nature, function and necessity in documents. The lack of legal studies in this category is such that due to the clarity of its customary notion of signature. sometimes in applying the concept to the critical examples, the idea is limited and sometimes its various functions are neglected or denied. in some cases, the validity of the document has been questioned in terms of authenticity. In this article, after getting acquainted with the concept and examples of signature and separating it from similar concepts, we examine its necessity in various writings . In any case, the engraved mark attributed to the writing (signature) including physical signature, electronic signature, stamp, and so on, has the function of assigning. So, it determines the identity of the signer and most importantly, expressing the will, which in different cases, has higher degree of credit, in terms of monopoly, and from a jurisprudential point of view, the authenticity of the deed. Also, the existence of a signature is relevant to the validity of the deed, and unsigned writing cannot be considered as a deed, even if its contents proved by other evidences.