Original or photocopy when faxing?

When faxing, you can use the original or a photocopy.

Fax communication uses scanning and photoelectric conversion technology to transmit text, images, ** and other static images from the originating end to the receiving end through wired or wireless channels, and reproduces the original static image in the form of recording at the receiving end. The fax machine decomposes the original to be sent into many tiny units (called pixels) through an optical scanning system in a specified order, and then converts the brightness information of these tiny cells into electrical signals by the photoelectric conversion device in sequence, and sends them to the channel after amplification, encoding or modulation.

The receiver amplifies, decodes, or demodulates the received signal and copies a copy of the original in recorded form at the same scanning speed and sequence as the sender.

Fax machines can be divided into black and white fax machines and color fax machines according to their transmission colors; According to the occupied frequency band, it can be divided into narrowband fax machine (occupying one phone frequency band) and broadband fax machine (occupying 12 channels, 60 channels or wider frequency band).

The original document is not passed over.

Both originals and photocopies are available!

You fax it to the other party, who can tell if you are the original or a copy!

Beijing Borong Law Firm.

The effect is the same.

It doesn't matter, just send it if the effect is better.

I think it's supposed to be the original, is it clearer?

The fax is neither a photocopy nor an original.

If it is only to reflect the contents of the contract, then a photocopy can be used instead of a fax. However, if arbitration or litigation is required due to contract disputes, the probative power of the copy will not be as strong as the fax, although the fax is not the original in essence, but the fax can be used to check the source, which can better prove the authenticity of the original.

Legal effect of facsimile copies.

Fax copy is also a kind of written form of contract, but compared with the original, the difference in the nature of the fax will affect its legal effect: the fax copy faxed by both parties to each other and directly modify or confirm the content contained in it can be regarded as the original, but the fax document for the purpose of transmitting text and images is similar to the copy in nature, and is evidence whose validity is to be determined, and cannot be used as evidence to determine the facts of the case alone.

Secondly, the probative power of the fax should be judged according to the objective situation. Sometimes, even if the nature of the fax is an original, it cannot be used as evidence to determine the facts of the case on its own. For example, if a facsimile is used in the process of mutual offer or acceptance between the parties, as long as one party's commitment has not been established, the facsimile cannot be used as evidence to determine the establishment of a contractual relationship.

Alternatively, if the parties sign a formal contract after the facsimile that can prove the establishment of the contractual relationship, the facsimile cannot be used as evidence to determine the content of the contract. Finally, before determining the evidentiary validity of the fax document, it is necessary to identify the authenticity of the fax document. The content of the fax can be altered by means such as photocopying, so although the fax has full evidentiary effect when it is used as the original, it generally still needs to be supported by other evidence to prove its authenticity.

The fax is not an original nor a photocopy. Fax is a fax, its legal effect and the original and the copy is not bent is the same, the fax can be found out of the source, so sometimes it can be used as a certificate, the copy can only be used as a document, there is no voucher effect.

As a data message, a facsimile can be recognized as a written form for the purpose of signing a contract, and its validity is not denied in law. At the same time, there are three essential elements for the contract to be formed and take effect: first, whether the actor has the corresponding civil capacity; the second is that the meaning is true; Third, the content is legal.

Legal effect of facsimile copies. Fax copy is also a kind of written form of contract, but compared with the original, the difference in the nature of fax will affect its legal effect: the fax copy faxed by both parties to each other and directly modify or confirm the content contained in it can be regarded as the original, but the fax document for the purpose of transmitting text and images is similar to a copy in nature, and is evidence whose validity is to be determined, and cannot be used as evidence to determine the facts of the case alone. Repentance.

1. Different methods:The method of copying is a little simpler than the fax method, if you want to copy a document, we only need to put this paper material on the photocopier, pay attention to align the paper size mark, otherwise it is easy to print crooked. Then press the corresponding button, and you will be able to make a complete copy of this paper document.

2. Different characteristics:Fax can be used as a kind of certificate, but photocopying cannot be used as a kind of certificate, it can only be used as an ordinary paper document. Fax is the source of the contract, so if the representatives of both companies are unable to sign the contract in person due to the distance, they will choose to sign the contract by fax.

Because fax has the effect of a certificate, even if there is a dispute later, it can be determined by faxing the document.

3. Electronic media are differentFax machines are used for faxing.

Photocopiers are used for photocopying. If we want to fax a paper document, we first need to scan the contents of the paper document, which will then be turned into an electronic signal and sent to another fax machine.

The differences are as follows: Photocopier: For example, if you have a paper document, then you can use a photocopier to completely copy the image on the document to another sheet of paper;

Printer: Connected to other electronic digital devices with a data cable, the information in other devices is printed on paper, such as electronic documents on the computer, **, digital cameras, etc

Fax machine: The content on a paper document is scanned first, and the content on the paper document can be converted into electronic signals after scanning, and then these electrical signals are transmitted to another fax machine through the communication medium, and the fax machine converts these electrical signals into previous images and prints them on paper.

Fax can be used as a source, so sometimes it can be used as a voucher, many companies choose fax to be valid because of the distance when signing the contract, and the copy can only be used as a document, no voucher. Of course, the two look similar on the outside.

The original document has a higher degree of credibility than a fax document and cannot be falsified. However, the legal effect of the original and faxed documents is the same and is binding on both parties to the contract.

Legal basis: Article 509 of the Civil Code of the People's Republic of China The parties shall fully perform their obligations in accordance with the agreement. The parties shall follow the principle of good faith and perform obligations such as notification, assistance, and confidentiality in accordance with the nature, purpose, and transaction habits of the contract.

In the process of performing the contract, the parties shall avoid spending resources, polluting the environment and damaging the ecology.

A fax is neither an original nor a photocopy, a fax is a fax.

The legal effect of the fax is different from the original and the copy, the fax can be used as a source, so sometimes it can be used as a certificate, and the copy can only be used as a document, without a certificate. Conclude the contract by fax, if the contract is performed normally, there is no problem; If a dispute arises between the parties, it is difficult to determine whether the fax is the original or a photocopy, which will affect the outcome of the trial. The facsimile lacks evidentiary force.

Generally speaking, only evidence that is authentic, legal, and relevant at the same time has evidentiary effect.

Fax and original are the same as whether the code is vertical or not, depending on the situation. In terms of the validity of the contract, the fax after the seal is as valid as the original contract, but in terms of evidentiary effect, if the other party faxes the sealed contract, the other party only gets a fax, and in terms of evidentiary effect, it is only a copy, which is different from the original in terms of probative ability.

The pitfalls of fax contracts:

1. There are different debates about whether the fax is the original or the photocopy. Some people believe that a facsimile is a photocopy, and that it cannot faithfully reproduce the defects caused by the repair of the original, so it is a photocopy. Others argued that there was no substantial difference between the parties to confirm the terms of a written contract by fax and to sign on the same contract paper.

Therefore, if a contract is concluded by fax, there is no problem if the contract is properly performed; If a dispute arises between the parties, it is difficult to determine whether the fax is the original or a photocopy, which will affect the outcome of the trial.

2. The fax lacks evidentiary effect. When determining the evidentiary validity of a fax, the court usually considers a number of factors: whether the fax was issued by the fax and whether the receiving party received the fax; what is the process of faxing between the parties; the manner in which the parties negotiated in the process of entering into the contract; Whether there is other relevant evidence to support the fax evidence of the reinforcing contract.

It is recommended to use fax to sign a formal written contract after signing the contract, and affix the seals of both parties.

The above content reference: Encyclopedia - Fax.