Подпись на каждой странице договора как называется

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Вопрос

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На практике, при подписании договора, стороны, по мимо спец. графы после реквизитов, ставят подпись на каждой странице договора. Чем регламентирован такой подход? Такой подход является обязанностью? Как быть в случае договоров в несколько сотен страниц: достаточно в таком случае прошивки с указанием страниц? Спасибо.

Ответ

Этот подход ничем не регламентирован. Действующее законодательство не предусматривает в качестве обязательного условия заключения договора подписание сторонами каждой страницы договора (см. в обосновании). Поэтому достаточно подписать последнюю страницу договора, а в случае, если он многостраничный – можно сшить и пронумеровать страницы, чтобы исключить возможность замены страниц.

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Действующее законодательство не предусматривает в качестве обязательного условия заключения договора подписание сторонами каждой страницы договора. Так, Второй арбитражный апелляционный суд при рассмотрении одного из дел не принял довод о несоблюдении простой письменной формы сделки в силу того, что не подписана каждая страница договора. Сославшись на пункт 2 статьи 434 и пункт 1 статьи 160 Гражданского кодекса РФ, суд указал: «Между сторонами отсутствовали разногласия по поводу условий заключенного договора. следовательно, ответчик не возражал против той формы договора, которая была избрана его представителем при заключении и подписании договора, то есть без подписания каждой страницы договора. ГК РФ не предусмотрено в качестве обязательного условия заключения договора подписание сторонами каждой страницы договора» ( постановление от 25 марта 2013 г. по делу № А31-3511/2012, оставлено без изменения постановлением ФАС Волго-Вятского округа от 5 августа 2013 г.).

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По работе мне не приходилось сталкиваться с ситуацией когда одна из Сторон недобросовестно меняла бы страницы в многостраничном документе (договор, акт проверки) и потом пыталась как то использовать это для своей выгоды. Но такое возможно и морально я к этому готовлюсь. Вообще, для договоров есть классические способы защиты от подмены листов, это:
— использование бланков с защитой (водяные знаки и т.п.)
— парафирование (подписание каждой стороной каждой страницы документа)
— визирование (штамп или подпись как правило одной стороны на каждом листе)
— прошивание Но все эти способы требую каких то дополнительных затрат или усилий. Ну и что нормально для многомиллионного договора, не всегда уместно для договора на 20 тысяч. Поэтому, хотелось бы найти какое то современное решение этой проблемы, которое бы соответствовало духу времени. Задача, защититься технологически от замены содержания листов, в многостраничном документе, где подписи ставятся только на последней странице.
И что бы это было быстрее и легче, чем пяти людям подписывать каждую страницу в документе на 20 листах, в пяти экземплярах.

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Моя идея состоит в следующем: При печати документа, каждая страница анализируется на плотность и места заполнения текстом, потом генерируется qr-код или штрих код, который располагается внизу страницы под текстом. На последней странице печатается код, составляющий сумму от всех кодов. Последняя страница не анализируется, т.к. она будет «заверена» живыми подписями.
При каких либо сомнениях в «целостности» документа, смартфоном фотографируются все страницы документа, приложение заново анализирует состав страницы и проверяет соответствие ему qr-кода внизу страницы, а затем проверяет соответствие их суммы последнему qr-коду. Данный метод конечно не идеален, и защитит пожалуй только от добавления или удаления целых абзацев текста. Для повышения точности сравнения уже необходимо, что бы смартфон был способен распознать текст на каждой странице практически безошибочно, насколько сейчас это реально для смартфона средней стоимости, я не знаю.
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Ответ прост и однозначен. Надо. Тем более, что в момент подписания это ничего не стоит. И уж конечно . Многих арендодателей заботит вопрос, что делать с арендаторами, оставляющими после себя в съемной ква. Подготовка иска – это работа для юриста. От качества этого документа на 50% зависит успех дела. Однако, есл. Люди по-разному реагируют, узнав о своем участии в судебном процессе в этом качестве. Кто-то не обращ. Сдали квартиру и опасаетесь разгильдяйства квартирантов? Правильно опасаетесь. С января 2011 года кассационная инстанция стала третьей инстанцией в судах общей юрисдикции по граждан. Во-первых, не впадать в панику. 30-40% дел проигрывается истцами. Во-вторы. Разработка хороших договоров под вашу задачу

Если у вас возникнут вопросы, можете бесплатно проконсультироваться в чате с юристом внизу экрана или позвонить по телефону 8 800 350-81-94 (консультация бесплатно), работаем круглосуточно.

Ответ прост и однозначен. Надо. Тем более, что в момент подписания это ничего не стоит. И уж конечно надо проследить, чтобы тоже самое сделал ваш партнер по сделке.
Последствия несоблюдения правила о проставлении подписи на каждой странице.
Достаточно очевидно, что если подпись на десятистраничном договоре будет стоять только на последней странице, то любую другую страницу можно подменить. Последствия этого могут быть самыми разнообразными.
В лучшем случае суд, рассматривая спор, в котором фигурируют два экземпляра одного договора с разным содержанием, признает спорное условие несогласованным. В итоге вы можете, например, не получить неустойку, на которую рассчитывали. В худшем случае на вас может быть возложена обязанность, которую вы на себя не брали.
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Что делать, если спор уже возник, а подпись оппонента стоит только на последней странице договора?
1. Во-первых, не впадать в панику. Содержание того или иного пункта договора совсем не всегда является спорным. И уж точно ваш оппонент вовсе не обязательно соберется менять страницы в договоре. Это не вполне безопасно. Фальсификация доказательств для суда является уголовным преступлением (п. 1 ст. 303 УК РФ). По этой причине, кстати, вам я тоже не рекомендую так «баловаться». Если же у сторон нет спора о содержании договора, суд легко примет в качестве доказательства договор, подписанный только на последней странице.
2. Во-вторых, если листы договора скреплены степлером, ни в коем случае не раскрепляйте их, чтобы было видно, что листы скреплялись один раз.
3. Если подмена страницы произошла и она имеет принципиальное значение для исхода дела, необходимо заявить о фальсификации доказательств (ст. 161 АПК РФ). К такому спору уже нужно привлекать юриста. Я надеюсь, до этого у вас не дошло. Чтобы не думать, как спасать ситуацию, когда все уже стало плохо, просто правильно оформляйте документы, в частности, подписывайте договоры на каждой странице и требуйте, чтобы также поступал ваш партнер.
Аналоги проставления подписи на каждой странице.
Равнозначной заменой подписи на каждой странице является прошивка договора и проставление подписей партнеров на прошивке (это когда договор сшивают нитками, а на нитку с обратной стороны наклеивают бумажку с надписью «пронумеровано, прошнуровано, на 5 листах. »). Такой способ подписания тоже исключает незаметную замену страниц в документе и тоже вполне приемлем.
Если договор распечатан на двух сторонах листа, достаточно подписей на одной стороне.
Удачных вам сделок!

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