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The effect on the validity of the signature

The effect on the validity of the signature

The effect on the validity of the signature

2021-06-16/Legislative Releases

The effect on the validity of the signature
The customary document shall be considered issued by the person who signed it, unless he expressly denies the handwriting, signature, stamp or fingerprint attributed to him. Whoever protested against it with a customary document and discussed its subject, it is not accepted from him to deny the handwriting or signature on this document.
From this point on; The validity of the signature on the customary paper gives evidence of the correctness of the facts in which it was mentioned, and if these facts are mentioned in the paper as a presumption that they are true, but it is a presumption that may be refuted by proving the opposite, and the burden of proving the opposite falls on the owner of the signature in accordance with the general rules, for example, that if he signed A person on the contract of sale has the right to prove that the contract is not a sale except in the apparent presence of an agreement between him and the other party that the contract is sham.
That is, there is no truth and no effect, but he may not prove this agreement in violation of the apparent contract except in writing, i.e. by presenting a paper against this contract signed by the other party in recognition of the formality of the sale, unless there is an objection to obtaining written evidence.
The customary paper shall have its argument against the one who signed it, as well as against his private and public successor and even his creditors, but if the opponent obtains the customary paper from under the hand of his opponent by illegal means without his knowledge or consent, it shall not be an argument against the one who signed it, and the one who submitted it may not protest that It is permissible to prove its opposite by evidence.
And if the customary paper is invoked after the death of the owner of the signature on the heir, legatee, special successor, or creditor, these people are not required to explicitly deny, as was asked from the signatory to drop the authenticity of the customary paper, but it is sufficient for any of them - so that the paper is not an argument against him Except after investigation - to take an oath, that he does not know that the handwriting, signature, stamp or fingerprint belongs to the one from whom he received the right, and once the paper is denied or challenged in ignorance, it temporarily loses its power in proof, and the burden of proving its validity falls on the one who adheres to it.
The authenticity of the customary paper on its edges goes to all its data, including the date, so it is not permissible for them to prove anything contrary to it except in writing, in application of the general rules of evidence.


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