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HANDWRITTEN SIGNATURE AS A CONSTRUCTIONAL COMPONENT OF A FORM OF LEGAL ACT IN THE POLISH CIVIL LAW

Zbigniew Kuniewicz

Abstract

The aim of this article is to clarify doubts arising on the grounds of the application of the legal provisions normalizing the forms of legal acts where the necessary component is as follows: a handwritten signature on the document constituting a statement of will of the person submitting this document. The problems regarding the signature usually refer to the following issues: what should the signature express, is it sufficient to only indicate the surname, should the signature be legible, what shape of letters is acceptable when affixing the signature, where should the graphic sign constituting the signature be affixed on the document. The discussion is based on normative material, literature and case law. The dogmatic method and, to a lesser extent, the comparative method have been used for the executed research analysis. The conclusions are as follows: first of all, a signature is a linguistic graphic sign containing at least a surname, allowing to identify the author of the statement of will; secondly, the ability to only sign the document is enough for a person to submit a statement of will in a written form. The above conclusions have been duly justified, thus it should be assumed that the theses expressed in the article shall contribute to the consolidation of the views on the issue of the handwritten signature expressed in both the literature and the jurisprudence.

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DOI resolver: doi.org/10.5593/sgemsocial2018/1.2/S02.073

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