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Seal can be forged completely. What's the use of seal

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Seal can be forged completely. What's the use of seal


        

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  • 2024-06-13 13:00:05

    The seal can be completely forged, so what is the use of the seal for purchase, sales and other transactions? The company that is the party to the contract is not exempted from the contract liability because of the seal on the contract, not its special seal for contract, official seal for record or only the official seal of the department (strictly speaking, the company is not a government organ, and its seal cannot be called "official seal", but this article is from the custom). Whether the contract is established depends on whether the two parties have the true intention of contracting and reach an agreement. Stamping the contract with official seal is only one way to express the intention of contracting. In case of dispute, the court shall comprehensively determine whether both parties exist and have expressed their true intention of contracting to the other party according to the consultation process of both parties, the authority of the personnel involved in the contracting, subsequent performance, invoice issuance and other cases. Although one party claims that the official seal affixed to the contract is not the special seal for contract or the official seal for record, this party does not necessarily exempt its contractual obligations and responsibilities. There are many reasons, common ones are. 1. Although the affixing of the official seal is defective, the person who signs on behalf of the company is the company's legal representative or responsible person. Even if his signature exceeds the company's authorization (the counterpart of the contract is in good faith), according to the provisions of the Civil Code, his signature and the company's seal have the same effect. 2. Although the official seal is flawed, the person participating in the negotiation and contracting is the authorized agent. 3. Although the affixing of the official seal is defective, the acts of the persons participating in the consultation and contracting constitute apparent agency as stipulated in the Civil Code. 4. The management of the company's official seal is chaotic. In addition to the official seal for filing, in fact, there is a habit of using multiple official seals. 5. The company has the practice of mixing the special seals for finance, technology and contract. Another similar dispute is caused by the fact that the official seal affixed to the contract is the official seal of the Procurement Department or the Project Department of the company and other departments. One party claims not to bear contract liability on the ground that the company's official seal is not affixed. Generally speaking, the other party should try to avoid using the official seal of the department instead of the company's official seal in transactions, but there are many cases where the official seal of the Project Department and the Procurement Department is used to in transactions such as building materials sales. The facts and legal issues involved in such disputes are very similar to those with seals other than the special seal for contract or the official seal for filing. For details, please refer to the gist of similar case adjudication below.
    In addition, there are also the following provisions on seals: Article 34 of the Law on Import and Export Commodity Inspection forges, alters, buys, sells or steals commodity inspection documents, seals, marks, seals and quality certification marks, criminal responsibility shall be investigated according to law; If the act is not serious enough for criminal punishment, the commodity inspection authorities and the certification and accreditation supervision and administration departments shall, according to their respective duties, order them to make corrections, confiscate their illegal income and impose a fine of not more than the equivalent value of the goods. Article 42 of the Law of the People's Republic of China on the Protection of Wild Animals prohibits forging, altering, buying, selling, transferring, leasing of special hunting and catching licenses, hunting licenses, artificial breeding licenses and special signs, as well as approval documents for selling, purchasing and utilizing wildlife under special state protection and its products, or approval documents such as import and export permit certificates and import and export permits.
    The relevant information on the issuance of licenses, special marks and approval documents as specified in the preceding paragraph shall be made public according to law.

    Hao***

    2024-06-13 13:00:05

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