Agree sometimes difficult.Even if two people come to a definite decision can be so hard!What to say when trying to negotiate the two organizations?Or even the two countries?And if two different political systems?Not surprisingly, before the contract is concluded, it goes through several stages of development, each of which is characterized by certain ways of expressing agreement or disagreement of the parties.What is the signing of the contract?Or what it means "agreement initialed"?This is the same that was signed or not?
try to understand.To begin with - in the terminology
So what do the various terms generally understood method of securing an agreement between the parties to the conditions?Let's try to understand the semantic content of the well-known and commonly used words.For example, what is the signature, and how it differs from the painting.How is it correct to say: subscribe or to sign a contract?And how to use the monogram?What is the sight of the document?How can paraph, and that means the phrase "initial agreement"?
Without understanding the meanings of these terms: sign, endorse, initial meaning of the word "contract" is not revealed until the end.And, therefore, it would be impossible to understand the fundamentals of contractual work, no matter what branch of law it may relate.
Signature - what is it?
According to the law (see. Art. 160 of the Civil Code) any contract countersigned by.Lack
it on paper means that the agreement is not reached and can lead to predictable legal consequences, to the extent that the transaction invalid.
But, unfortunately, in the legislation of the Russian Federation there is no single regulation that would give a precise definition, and clearly regulate the use of signatures.As a consequence, often a substitute for the signature of parishes.Therefore it is necessary to understand what the word "initial", and how it differs from the word "sign."
signature - a set of graphic characters used to identify a person as a person or entity.According to the dictionary Ozhegova signature - it is written the name of his own.This is indirectly confirmed by n. 3 160 th article of the Civil Code.A first paragraph of Article 19 of the Code clearly states that any citizen of his rights only takes under his name, surname and patronymic.
Based on the foregoing, it can be concluded that, legally competent to name only the signature written by a citizen of his own full name.
Along explain that the word "painting" in general to conclude agreements is irrelevant.For, unlike the word "signature" it is not formed from the verb "to sign" and like him from the verb "to paint" (meaning "to decorate, to paint").
not surprising that, without going into the details, we confuse the signature, such as parishes, from which it follows logically incomplete understanding of what "the signed document" and differs from it "initialed the document."
EDS
In the age of electronic document was extended digital signature.Assigning it is essentially the same as that of a conventional signature - verify that the document does not contain distorted information, and certified by a person that he - the owner of the certificate-signing key.
But I must say that with all of our love and respect to the possibilities of information technology is unlikely in the near future we can avoid drafting written, hard copy.And, then, and the signing of contracts with the regulations using conventional signature also has not been canceled yet.For the purpose of initialling of electronic signature is not applicable.
What is paraph?
The short answer is paraph - that's what we used to call signature.You can highlight the following components:
- Monogram.This initial letter (one, two or three) the surname, name and patronymic of the person having common elements.
- middle part.It consists of lowercase letters.As a rule, following the initial letters of the surname.
- Stroke.Usually it is more or less artistic element, which is a continuation of the last letters middle part.
parish is characterized by a unique subject for the character set and the corresponding registration.Actually, the word "paraph" and means "stroke", the original purpose of which - to protect the signature from forgery.But it is clear that the image itself unikaliziruya signature stroke often negates its readability and correct understanding of what does not work on its validity.
From the above it is clear that "initialed" - is not the same thing as the "signed".Parish does not replace the signature.
paraph Where used, and what the initial?
in modern legal practice Parish and the initialling of the most commonly used in relation to international law, particularly in the diplomatic and foreign trade.What does "initial agreement"?That means its preliminary signing in when the main provisions of the agreement have been agreed by the parties, but the final approval for some reason has been postponed.Sometimes the initial contract is required in view of the fact that, being fully regulated by authorized persons, it needs the approval of the Heads of Government of the countries participating in the agreement.
order to initial the agreement, authorized persons put under the text of the treaty only paraph.This can be a monogram or stroke, or a part of the names, but not the full signature or seal.Often in this case, we used only the initials of the signatory.In some cases paraph affixed not only at the end of the entire text of a treaty, but also on each page.
Summarizing ...
Now that we understand that means initial document, it makes sense to draw some important conclusions:
- Signature - this is not the same as paraph.Accordingly, the use of both is quite different.
- parish is not a substitute for the signature.Moreover, if the document is initialed by a stroke in the absence of a fully written name of the witness, such a document may be considered if necessary, unsigned.
Legal value initialling
As is clear from the above that the initialing does not preclude the signing of the agreed document.Once will be eliminated reasons for conclusion of the agreement has been delayed, it shall be signed by the parties in accordance with the law.
initialling is not a mandatory step to conclude the agreement by the parties.It is mandatory signing, regardless of whether it was previously initialed the agreement or not.Only the signature of the exact legal sense fixes to the parties their rights and obligations in accordance with the text of the signed contract.
What then is the legal meaning of initialling?It confirms that all agreements on the text of the parties has passed and the contract is made.After initialing signatories are bound by the obligation to accept negotiations, the result of which is the initialed document is held and completed.But the moment the legal responsibility of the parties does not occur at the same time, the text is not binding, and in the future, before the signing, can still be edited.The ability to make changes in the text of the agreement after initialling is retained.But these changes can not be made only on one side of the contract.
use initialling in economic activities
today initialling applies mainly to international law and the norms of the legal actions prescribed in the regulations, in some way related to the legal regulation of foreign trade.But who said that this handy tool to reach agreement is available only to diplomats ?!And why not, for example, the initial contract between two or more business entities within the state?
can!Moreover, in some cases, it is recommended by experts.For example, a similar experience at the signing of the treaty is a different kind of venture.
Why is it important to observe a pause between the negotiation and signing of the final document?
's all about the specifics of our office.Let's say you took to organize a joint venture.What kind of work you have to do?
- Home - half the battle, and the start will be the preparation of the offer or of the feasibility study (FS) of the joint venture.
- must then find interested in your offer such companies abroad and to acquaint them with the prepared offers.Then
- attract potential investors from abroad, to undertake the necessary negotiations with the subsequent drawing up of a protocol of intentions.
- prepare, agree and sign all stakeholders constituent documents of the future joint venture.
- Register your joint venture to open a bank account and expand productive activities.
It should be borne in mind that during the state registration of the joint venture may be a need to amend the signed documents.Such, for example, how long and hard dovetailed agreement on joint economic activities.
It may happen that the treaty will enter into force before the state registration, and in the process it turns out that it was not taken into account all.And here again it is necessary to gather the forces and partners to negotiate again.Here in this case, and we can recommend initial contract if necessary to safely make it all the amendments already just before the state registration of the joint venture.
to the treaty that nothing was missed
Unfortunately, at the conclusion of contracts of any kind between business partners
can never be completely sure that one or even several pages of carefully prepared, agreed and signed by one party to the document will not betampered with before the final signing of the other party.
To avoid this, there are some guidelines.Thus, the contract can be sewn, it numbered sheets of paper and seal the seal indicating the number of sheets (not pages).This information about the document confirmed the seals and signatures.This seal impression must capture a portion of the text with the name and position of the responsible person, in fact, paper printing, anchoring the ends of the thread, request document.
And help initialling ...
second methodological recommendations to avoid falsification of the contract - or sight initialling each page.It may be authorized to make a special order for the organization faces.
way, "endorsing," given our harsh reality, in this case rather than "initialed", it is a fact.For sight can be, not only with the usual signature, but also through the seal or stamp which will indicate name, full name, surname, patronymic and position (structural unit) of the responsible person, the page number and the total number of pages in the document.
