The Matching Signature as a Form of Fixation of Additional Requirements (Conditions)When Designing
During many decades there has been a practice of design approval in the form of matching signature on the design sheets in Russia. In recent years, cases of ignoring the conditions of the matching signature which are not included in a supplementary agreement signed by the parties become morefrequent. The analysis of provisions of the Russian Federation legislation shows that a correctly executed matching signature must include a subject of approval, requirements (conditions which are necessary for a design to be approved); the name of a juridical or physical entity who approved the design; the date of approval; for a juridical entity - a signature with deciphering the name and the post assured by the seal of an organization; for a physical entity - a signature with an indication of surname, name, and patronymic (if available). The availability of all these elements makes it possible to consider the matching signature on the sheets of the project as a special form of a written agreement on the basis of the following provisions of the legislation: application of the matching signature is a written offer (articles 434 and 435 of the RF Civil Code. Part 1 of 30.11.1994 № 51-FZ); the use of the approved project is an acceptance (point 3 of the article 438 of the RF Civil Code). The authors’ search for published materials on this subject has not given any results.