The formality of the official document and its impact on legal actions An Analysis Study

Abstract

The term form is used in the general theory of obligation, and it refers to the external appearances accompanying the method of expressing the will and the stages of concluding the legal act. Through it, the legislator aims to ensure that the document is issued in a clear manner, expressing the true will of the contracting parties.

Writing is one of the most important forms of formality required for the establishment of some contracts and transactions, and official documents occupy the first place in the list of written forms required for the establishment of some transactions, or their proof.

The essence of the problem that the research seeks to address is to draw the attention of the Yemeni legislator to the legislative shortcomings that characterized his approach when organizing the provisions of the official document in the current Evidence Law, which requires adding new texts to ensure the strength of the official document’s authority, and reviewing the text of Article (100) thereof, so that official documents achieve their intended purpose. This research came to shed light on this defect by highlighting the practical value of the official document in stabilizing actions and reducing disputes, adopting the analytical and comparative approach in studying this topic.

Modern laws stipulate a number of formal and substantive conditions necessary to give a written document official status and legal validity.