Definition
A seal in common law refers to an impression made on wax or another impressionable substance, or sometimes a paper wafer or electronic stamp, used to attest to the execution of an instrument. Seals are traditionally used to authenticate documents, verifying that they originate from a particular entity and carry legal significance.
Purpose
The primary purpose of a seal is to serve as a formal attestation of the execution of a legal document or instrument. This includes contracts, deeds, wills, and other formal agreements. By affixing a seal, the issuing party authenticates the document, lending it greater evidentiary weight and, historically, legal enforceability.
Examples
- Contracts: Corporate seals are often used to authenticate company documents, ensuring that the contract is officially recognized by the company.
- Deeds: Real estate deeds frequently bear a seal, signifying the transfer of property has been formally executed.
- Wills: Testamentary documents may be sealed to indicate their formal acceptance and legal standing.
Frequently Asked Questions
What is the significance of a seal in modern legal contexts?
Modernly, the physical use of wax seals has declined, but the concept persists through embossed paper seals or electronic seals in digital documents. They still signify authority and authenticity.
Are seals necessary for a contract to be legally binding?
While seals were historically required for the enforceability of certain types of contracts, modern statutes in many jurisdictions have minimized this requirement. However, they may still be needed for particular legal documents to be recognized formally.
Can electronic seals be used instead of traditional wax seals?
Yes, electronic seals are becoming increasingly accepted in many jurisdictions, particularly for digital transactions and agreements. They serve the same purpose as traditional seals, affirming authenticity and execution.
What does ‘L.S.’ stand for and mean?
‘L.S.’ stands for “locus sigilli,” a Latin term meaning “place of the seal.” It indicates where the seal should be affixed on a document, effectively serving as a placeholder for the seal’s application.
Is it legal for an individual to create their own seal?
Yes, individuals and entities can create their own seals for personal or business use, provided it complies with any applicable laws or regulations. Corporate or notary seals often follow specific design guidelines prescribed by law.
Related Terms
Common Law
A body of unwritten laws based on legal precedents established by the courts. Common law influences the decision-making process in novel cases where legal statutes cannot be applied directly.
Instrument
A formal written legal document that records and serves as evidence of legally enforceable rights and obligations. Examples include deeds, contracts, and wills.
Notary Public
An official authorized to perform acts in legal affairs, particularly witnessing signatures on documents and administering oaths.
Online References
Suggested Books for Further Studies
- Black’s Law Dictionary by Bryan A. Garner
- Basic Legal Instruments for the Liberalization of Trade: A Comparative Analysis of EC and WTO Law by Federico Ortino
- Seals and their Context in the Middle Ages edited by Phillipp R. Schofield
- The Legal Studies Reader by Jethro K. Lieberman and Joel E. Friedman
- A Manual of Style for Contract Drafting by Kenneth A. Adams
Fundamentals of Seals: Legal Instrumentation Basics Quiz
Thank you for exploring the intricacies of legal seals and engaging with our comprehensive quiz on this pivotal topic in law.
