Puterea doveditoare a înscrisului sub semnătură privată

dr. MARIA FODOR

Prof. univ. - Facultatea de Drept, Universitatea Ecologică din Bucureşti

ABSTRACT

The probative force of the document under private signature derives from the signature of the party or, as the case may be, of the parties. The signature of a document guarantees in full faith, until proved otherwise, the existence of the consent of the party that has signed it with regard to its content.

In case of the document under private signature the presumption of authenticity will no longer operate. The person to whom it is opposed a document under private signature is obliged either to acknowledge, or to contest the writing or the signature, because, until it is voluntarily acknowledged or verified in court, one cannot know whether the signature belongs or not to the person who appears in the document as signatory and whether or not he has knowledge of the content of the document.

The document under private signature, acknowledged...