نوع مقاله : مقاله پژوهشی
1 استادیار دانشکده حقوق قضایی، دانشگاه علوم قضائی و خدمات اداری، تهران، ایران.
2 کارشناسی ارشد حقوق ثبت اسناد و املاک دانشکده حقوق ثبت و مدیریت قضایی، دانشگاه علوم قضایی و خدمات اداری، تهران، ایران.
عنوان مقاله [English]
Legal nature and conditions of signature attestation in Iran’s law
In a general category, a document is divided into two categories: ordinary and official. Each of these two documents has many differences whose practical effects will be also different. The most important difference will be in the advantage and excellence of the official document to the ordinary one.
Therefore, it is important for us to know that the legalized document as one of the most important tasks of the notary offices is from which of these two categories, what conditions it should have, and in addition, what is its nature.
In the following study, Firstly, concerning definition and nature of signed attestation document in terms of its validity is tantamount to an official document and the effects of this type of document are loaded on it or merely can be verified as a normal document. Or it has intermediate validity and shares some features with both official and normal document.
Four features have been considered and scrutinized and finally, relying on some reasons which will be mentioned in details, an idea which only recognizes the date and the signature contained in these documents valid and considers the other contents of credit document as a normal document have been accepted.
In the following segment, the conditions related to signature attestation and what context and under what conditions can be the subject of signature attestation have been put on their thinking cap.
And in 2 topics; the conditions related to the context which is confirmed by the signature and the conditions related to the applicant of signature attestation have been examined and analyzed.