An Analysis On A Case Of You's Disputes With A Fujian Company And A Weng's Private Loan

There are many problems in the trading of company seals,which will affect the stability and security of commercial transactions.From the perspective of China's existing legal system,the legal norms concerning company seals account for a very small proportion.In practice,the official seals that represent companies is frequently used,and the disputes arising from the use of corporate seals are also relatively high.Moreover,this is in sharp contrast to the legal norms for resolving this dispute.At present,the phenomenon that the company's company seal conflicts with the company's meaning is mainly manifested in the company's seal being forged,the company's seal being stolen,the company's seal being abused,and the legal person infringing the company's seal,etc.,However,the provisions of Chinese law on the validity of contracts in the above circumstances are not perfect.The case of You's with Fujian company and Weng's private lending dispute is a legal dispute caused by the conflict between the company's seal and the company's meaning.In judicial practice,the company usually proposes that the contract is not established or invalid based on a certain seal of the case,but the actual contract validity cannot be determined only based on the true and false seal.In this case,Fujian company,You,and Weng mainly disagreed on the issues related to the identification of seals and the results,the opinions and the acceptance of the judges,the relationship between the seals and the validity of the contract,and whether Weng's behavior constituted an agent and other disputes.In the analysis,the different aspects of the seal identification have different effects on the results.Therefore,it is necessary to determine whether the seal belongs to the same seal by means of the seal identification of the seal in the judicial appraisal,and whether the time for the formation of the seal and the document is confirmed by the sequential identification.The main case is to obtain the same appraisal opinion of the seal;secondly,after the appraisal opinion is drawn,the conditions for the judge to satisfy the letter must be analyzed,and the relevance,objectivity and legitimacy can be satisfied;then,after the appraisal opinion is adopted,Consider whether the stamped person constitutes an agent or a representative,and through the distribution of the burden of proof,a comprehensive analysis of the validity of the contract,and concludes that the seal identification is not directly related to the contract validity.