The pre-signature may refer to the treatment received by the person who signs a document or contract or, from an economic point of view, to the act of identifying the legal person in whose name a promissory note is signed.
In this way, it has two aspects that, in turn, are related. On the one hand, it is the position, position, representation or employment of the person who signs a document and who appears defined in it. On the other, in this case related to the means of payment, it usually indicates the name of the company that issues a check or promissory note.
The lack of foreword and its consequences
When the company name is missing from a letter or ordinary document, the problem is usually minor. If it occurs in a contract, it depends on what type it is and what its objective is, but in many cases it is rectifiable. The problem comes when an exchange document such as the promissory note is missing.
In this case, a legal effect can be given with important consequences. High courts such as the Spanish Supreme Court have made it clear in several sentences. If the name of the company that this attorney represents does not appear, he or she will be personally liable for the payment. As we can imagine, this is a disorder that can have significant consequences for the administrator.
The signature on contracts and documents. Legal curiosities
There are some curious cases in relation to this matter of signatures and foreword or the need to be clear and concise. Above all, in the importance and significance that these have in the documents as an expression of the will of the signatory:
- For example, the cases raised by Castillo Freyre, a lawyer graduated from the Pontifical Autonomous University of Peru. They are related to a father and son with identical signatures and with a problem that he had in a bank, when he signed in a different way than the one recorded in the entity. In both cases, the law did not foresee this situation, therefore, they were resolved in a favorable manner, since it could be verified that they belonged to the person responsible.
- Another example is found in the blank signature. This consists of the delivery of a document to another person in which only the signature appears. In this way, the recipient completes it according to their own criteria. However, this situation usually occurs in relationships of trust and with certain limits. Well, there are sentences that have made it clear that not everything goes in these cases, canceling some of them.
Tags: Colombia opinion history