The Difference Between an Action for Verification of Signature and an Action for Validation of Contract under Syrian Law
A valid signature does not necessarily mean a valid contract:
The action for verification of signature is often confused with the action for validation of contract, although the distinction between them is fundamental in terms of the subject matter of the action and the legal effect of the judgment issued in it.
First: The action for verification of signature.
This is an action of a preservative nature. Its primary purpose is to establish that the signature, handwriting, seal, or fingerprint appearing on the ordinary instrument actually belongs to the person to whom it is attributed.
Article /39/ of the Syrian Evidence Law permits the holder of an ordinary instrument to sue the person to whom the instrument is attributed in order to have that person acknowledge the signature, even if the obligation contained in it is not yet due for performance. If the signature is denied, it is examined in accordance with the applicable rules and expert evidence.
In principle, the judge does not examine the validity or invalidity of the sale or the performance of the obligations arising from it. The subject of the action is limited to one question:
Was this signature made by the defendant or not?
Accordingly, a judgment verifying the signature does not, by itself, constitute a judgment validating the contract, establishing ownership, or obliging the other party to perform it.
The Code of Civil Procedure confirms this independence by providing a specific rule for the valuation of an action for verification of signature in Article /58/, under which the relevant value is the value of the right established in the document for which verification of signature is sought.
Second: The action for validation of contract.
An action for validation of contract—also referred to in practice in Syria, depending on its subject, as an action for confirmation of the contract or validation of the contract—is a substantive action. It does not stop at the signature but extends to the contract itself.
The court examines in such an action:
Was the contract validly concluded?
Were its elements and conditions satisfied?
What is its subject matter and scope?
Has it become binding and enforceable between the parties?
The Code of Civil Procedure expressly recognizes actions seeking validation, annulment, or rescission of a contract, and Article /56/ provides that their value is assessed according to the value of the subject matter of the contract.
In this regard, the Syrian Court of Cassation held that:
An action for confirmation of a sale contract is a substantive action directed at the reality of the contractual relationship and addressing its subject matter, scope, and enforceability.
It also held that a judgment validating the contract resolves the dispute concerning the validity and enforceability of the contract between the litigants, and that the issue on which the judgment has acquired the force of res judicata may not be raised again.
Civil Cassation No. /1435/, Basis No. /1837/, dated 24/12/1985 – Al-Muhamoun Journal 1986, p. 1124.
An example illustrating the difference:
If a person produces a contract for the sale of real estate and the seller claims that the signature is not his, the buyer may bring an action for verification of signature to establish that the signature is attributable to the seller.
However, if the objective is to oblige the seller to perform the contract, confirm the sale, and give it its legal effects, the matter is no longer limited to the signature. It has become a substantive action concerning the validity and performance of the contract.
Baghdadi Law perspective:
The practical rule is simple:
An action for verification of signature says: “This is your signature.”
An action for validation of contract says:
“This contract is valid and binding, and produces its legal effects.”
Therefore, a judgment verifying a person’s signature on a contract may be issued while that person nonetheless remains entitled—depending on the circumstances of the dispute—to challenge the validity, invalidity, or effects of the contract; verification of signature is one matter, while the validity of the legal transaction is another.
The signature establishes that the instrument is attributable to its author, whereas validation of the contract concerns the existence of the right itself and its effects.