A Case Study On The Validity Of Seal In The Dispute Of Construction Contract Between Zongli Company And Taidu Company

As an important part of the market economy,the company's compliance and orderly operations have a major role in stabilizing the sustainable development of the country's economy.In the process of company management,the seal is used as a symbol of the company.When start and achieve business cooperation with others,the functions and values of the seal have been widely recognized.However,since the emergence of such economic entities of the company,there have been numerous cases of misuse,embezzlement,or falsification of company seals,it led to a lot of civil disputes and criminal cases.This has not only disrupted the orderly development of the market economy,but also caused great damage to public security.Bad influences deviate from the socialist core values of integrity and harmony.There is little concern about the effectiveness of seals in the theoretical community compared to other issues in the company's management and management process.Disputes over the effectiveness of the use of company seals in judicial practice are also unresolved.This paper,from the perspective of a practicing lawyer,combined with relevant cases,discusses the effectiveness of the company seal with the forgery seal as the core.All of the paper is divided into four parts:introduction,summary of case,dispute focus of case and legal theory analysis of dispute focus.The introduction mainly introduces the research purpose,domestic and foreign research status and the practical significance of this subject.Brief the basic case of the construction contract dispute between Zong li Company and Taidu Company and the trial of the court;The focus of the dispute mainly focuses on three aspects:whether the head of the branch used his forged seal to have legal effect,whether the forged seal had been used earlier,cause the seal had legal effect,and whether the other party should pay due attention to the authenticity of the seal;Legal analysis of the focus of controversy is the focus of this article,Analyzed the legal effect of the head branch to use its fake seal,the impact on the seal of the legal effect,with whether fake seal prior to used,and the opposite party to forge seal prudent attention obligation,The final conclusion part summarizes that the validity of the seal does not depend on its source,but on the company's recognition,which includes direct recognition or indirect recognition formed by the agency,and should be recognized as effective as long as the other party has performed reasonable prudent obligations.