How to proceed if an agreement on the undivided co-ownership of spouses (BSM) is signed by a blind person?
QUESTION
My former wife and I want to settle our undivided co-ownership of spouses (BSM) and reach an agreement, but she is blind. Can she sign this agreement?
ANSWER:
In this case, it is necessary for the agreement on the settlement of BSM to be drawn up in the form of a notarial deed. Persons who are blind can sign an agreement on the settlement of BSM or any other contract. The Civil Code addresses this situation in Section 40 (6), which states that if a person cannot read (for example, they are blind or visually impaired) or write (they are paralyzed), an official deed is required. In practice, this means a notarial deed.
The above is not required provided that the person is capable of familiarizing themselves with the text of the document, whether with the help of various devices, special equipment, or even with the assistance of another person whom they choose and who reads the content of the document to them, or interprets it into sign language. The condition, however, is that she is subsequently capable of signing the document with her own hand.
AKMV
JUDr. Veronika Michalíková, MBA