Legal Definitions - paraph

A paraph refers to a distinctive mark or flourish added to a signature, or in some legal systems, the signature itself, particularly when used by an official to authenticate a document.

Historically, a paraph was often an elaborate flourish or unique symbol appended to a signature, serving as an additional security measure to prevent forgery and confirm the signer's identity.

In modern civil law systems (legal systems based on Roman law, common in many European, Asian, and South American countries), a paraph can specifically refer to an official's signature, such as that of a notary public, placed on a document along with other identifying details like the date, names of the parties involved, and an official seal, to attest to its authenticity.

As a verb, to paraph means to add such a distinctive mark or official signature to a document.

• Historical Context: Imagine a royal decree issued in the 17th century. After the king signed his name, he added a complex, swirling design unique to him, making it difficult for anyone else to replicate his full signature and the accompanying flourish.

  This illustrates the historical meaning of a paraph as a distinctive flourish intended to safeguard against forgery, adding an extra layer of authentication beyond the basic signature.

• Notary Public's Authentication: When a couple finalizes the sale of their house in a country following a civil law tradition, a notary public reviews and authenticates the multi-page deed. The notary signs each page of the deed, adds the current date, lists the names of the buyer and seller, and affixes their official seal.

  Here, the notary's signature on each page, accompanied by the date, parties' names, and seal, serves as a paraph, officially endorsing and validating the document in accordance with civil law requirements.

• Official Endorsement of a Contract: During the final review of a lengthy international trade agreement, representatives from both companies decide to initial every page of the document to confirm that no pages have been altered or substituted after the final draft was agreed upon. An official from the legal department then goes through the entire contract, adding his unique mark and initials to each page.

  In this scenario, the act of the legal official adding his unique mark and initials to each page is an example of paraphing the contract, ensuring the integrity and authenticity of every part of the agreement.