The suit of signature validation (Sehat Twke3)

The suit of signature validation – Sehat Tawke3- is a procedural suit to prove that the signature on the contract refers to a contract party. 

However, it doesn’t provide legal guarantee about the contract’s content. Because of that shortcoming, though, it is a very fast and cheap suit, and many prefer to go through the procedure right after making the contract. Some of them think that doing this is enough to guarantee the validity of this contract, but that is not true, according to the law system in Egypt 25 in 1968 article No 45:47.

Maybe someone has unofficial documents to file up a case against the other party who has signed them, to push the other party to accept that this signature refer to him or reject.

If the defendants come to the court and recognize that this signature is indeed by one of the parties in this case, the prosecutor has guarantee about the signature only, but not about the contract issue.

The same situation happens if the prosecutor informs the defendants about the case through legal means, but they don’t appear in the specified time to recognize or reject this signature.

To sum it up, according to the legislator’s view the signature validation suit is suitable for the following cases:

1-    To prove that this signature refers to the defendant.

2-    The court decrees not enough but it has to be with the contract or the document which has the signature.

3-    The prosecutor can’t document the act in the notarization and registration authority, but can make a proxy (if he has from the seller), especially for selling with contracts, to have official documents that give him the ability to sell.

4-    This suit has the same action like a signature certification.

5-    This suite can’t prove ownership or transfer it officially by itself, but with another legal action this can be committed.

6-    If the object of this suit is selling contracts, the buyer can deal with the government about certain services, such as water, gas and electricity.

7-    There are public stipulations in Egypt that the owner can sell what he has to others this way with just unofficial contract with a signature validation suit, and the buyer can in turn sell something to another person. Perhaps it is thus in order to help to do the act, but to keep your rights according to the law. It will not provide any guarantees if the seller is not the legal owner.

It is very popular in Egypt in the field of buying and selling real estate. A lot of Egyptian lawyers prefer to do it as first step.