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The Legal Effect Of The Company Official Seal In The Process Of Market Trading

Posted on:2018-09-29Degree:MasterType:Thesis
Country:ChinaCandidate:H H NiFull Text:PDF
GTID:2346330518978524Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The validity of the company's private law is related to the security and stability of the transaction in practice,and it affects the risk distribution among the various stakeholders.There are bill law,company law and contract law in the laws of the civil law.However,the General Principles of Civil Law have no provisions on signatures.In recent years,the dispute involving the company's official seal has never been reduced.This is the necessity of studying the importance of the company's official seal in the modern market economy and the private law effect of the company's official seal.Our national seal system has a long history,can be traced back to the feudal society official culture.Since the date of production,the characterization of the seal is obvious.When the company is organized,the characterization of the seal is reflected in all aspects of the company's behavior,and the binding force,credibility and proof of seal are derived.Now the science and technology of this era is so developed,from the current use of the official seal of the company and the court when the official seal of the case of the effectiveness of the determination of the company's official seal,the legal effect of the company's official seal is not so absolute that people used to think.International practice is the right to sign or agent in the company signed the signature to replace the company's official seal,which is to protect the interests of the parties and the safety of the transaction,but also used to dictate.The original board of directors of the company's seal against the abuse of the company seal,theft of the company seal,forged the company seal and other phenomena is the current emergence of the company's official chapter disputes and contradictions,however,our country's law and there is no perfect remedy for our choice.The Practice has proved that the abuse of the company's official seal and the company's official issues caused by disputes and contradictions questioned the effectiveness of the company's official seal.Therefore,in order to ensure that the transaction side of the actual seal of the effective recourse to protect the dynamic market security,can learn from the practice of Western countries and our country's actual situation combined to build stamps signed rules,in order to strengthen the company and the transaction The protection of rights and interests of both parties.
Keywords/Search Tags:company seal, Legal representative, Meaning expression, Legal effect
PDF Full Text Request
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