What is the legal effect of the personal name seal in the law? 20

Understanding of the legal effect of personal private seals:

1. The private seal has the characteristics of personal identity. The most typical is the private seal of the calligrapher and painter. The seal is not only beautiful, but also an important feature to indicate personal identity and distinguish the authenticity of calligraphy and painting.

The use of a seal to express the true intention of the individual shall be equivalent to the signature of the person, or the fingerprint shall be binding on the person.

If it is not the expression of the true intention of the person, but the unauthorized use by others, according to Article 48 of the Contract Law of the People's Republic of China: The contract concluded by the actor in the name of the person being ** shall not be effective without the recognition of the person being **, and the actor shall be liable. Therefore, I am not responsible.

If another person uses his or her own seal, and he knows about it but does not deny it, according to Article 66 of the General Principles of the Civil Law of the People's Republic of China: If he or she knows that another person is carrying out a civil act in his or her own name and does not deny it, he or she shall be deemed to have consented. I am responsible.

2. Although private seals have the characteristics of indicating personal identity, they do not necessarily have the effect of determining personal identity in a legal sense. Because:

1) There is no standardized procedure for private seal engraving. Private seals are different from official seals, engraving neither need the approval of the relevant authorities, nor do they need to be registered for the record, and there is no need to issue identity documents when engraving, which is very arbitrary, which does not exclude a small number of people from illegally carving other people's name seals to achieve illegal purposes.

Compared with the official seal, the state has no restrictions on the engraving of private seals, and it is not easy to restrict, so there is no legal provision for the engraving and use of private seals.

2) Private seals do not have the characteristics of determining personal identity. The internationally accepted method of identification is the signature, which is unique and reflects the writing characteristics of an individual. Signatures cannot be forged, and even if they are forged, they can be identified after authentication.

The private seal can only reflect the same name as the sealer, and cannot determine the true identity of the sealer.

3) There are seals with the same name and multiple seals used by one person. Now the rate of duplicate names is higher, and different people may have seals with the same name. Some people do not use it properly, and when the seal is lost or other reasons, they use multiple seals.

In the case above, it was because Wang Bao deliberately used multiple seals. If the post office asks for a signature when withdrawing money, such a dispute will not occur.

3. The private seal of the administrative and legal representative of the enterprise and public institution shall have the effect of publicity. The public use of personal private seals in special industries and special identities is public. If the signature and endorsement of the bill, the private seal of the legal representative shall have the effect of publicity after the bank reserves the bill stub for future reference.

The legal representative cannot deny it because he or she sometimes does not know.

If the witness is legal and can prove that the seal was indeed stamped by the heir, it should be deemed valid.

English translation: Law of Succession of the People's republic of china

Title: Inheritance Law of the People's Republic of China.

Category: Marriage, Maintenance, Adoption, Inheritance, Will, Bequest, Inheritance.

Reference number] Order No. 24 of the President of the People's Republic of China.

Date of Approval] Issuing Sector] National People's Congress.

Release Date: Implementation Date

Timeliness] Currently in effect.

Level of Validity] Law.

Article 17 The notarized will shall be handled by the testator through a notary public.

The self-written will shall be written and signed by the testator, indicating the year, month and day.

A scrivener will shall be witnessed by two or more witnesses, one of whom shall write on behalf of the testator, indicating the year, month and day, and shall be signed by the scrivener, other witnesses and the testator.

A will made in the form of a recording shall be witnessed by two or more witnesses.

The testator may make an oral will in a critical situation. An oral will should be witnessed by two or more witnesses. After the critical situation is resolved, if the testator is able to make a will in written or recorded form, the oral will made is invalid.

Effective. Because there were two people who had no relationship with each other and were specifically and fully capable of acting at the scene. It doesn't matter if it's signed or stamped by hand. Because the latter can be faked.

Go to the legal department for advice.

Both the name seal and the signature seal can represent the name of the user, but the form is different, and if the contract is signed, both have legal effect in principle. At the same time, the signature and seal of the parties do not need to be present at the same time, one or the other is sufficient. When a natural person enters into a contract, it is generally signed by the natural person who entered into the contract or stamped with his or her own name seal; Contracts concluded by legal persons or other organizations are generally signed by the legal person's legal representative or the responsible person of the other organization or affixed with the unit's official seal.

Legal analysisAccording to the provisions of the Civil Code, the signature and seal of the parties do not need to be present at the same time, and one or the other is sufficient. And how does the company as an organization sign it? This mainly refers to the signature of the legal representative, but also the signature of other persons authorized by the company.

The signature of the legal representative on behalf of the company has the same effect as the company's official seal and is binding on the company, and all the economic benefits and legal consequences of the act shall be borne by the company; If his behavior cannot be recognized as acting on behalf of the company, all legal consequences shall be borne by the legal representative and have nothing to do with the company. Signing or sealing at the same time is a choice relationship, which means that either the signature or seal, or the signature and seal are both present, and the meaning of these three situations for the formation of the contract is the same. When actually signing a contract, people often pay attention to the role and significance of sealing, and some even think that sealing is more important than signing, but in fact, this is a misunderstanding.

The seal is equal to the signature of the owner of the seal, and the validity of the seal is equal to the effect of the signature.

Legal basisArticle 490 of the Civil Code of the People's Republic of China Where the parties conclude a contract in the form of a written contract, the contract shall be concluded when both parties sign, affix their seals or press their fingerprints. The contract is formed when one of the parties has fulfilled its primary obligations and the other party has accepted it before signing, stamping or fingerprinting. When laws or administrative regulations stipulate or the parties agree that a contract shall be concluded in written form, and the parties do not use the written form but one party has performed its main obligations and the other party accepts it, the contract shall be established.

There is a connection and difference between the two, the name seal refers to the name of the person who is the content of the seal, the font is generally a regular printing body, the signature seal refers to the transplantation of people's signature style to the printing surface, becoming a printing surface with unique characteristics of the individual, the font is not a formal printing body, is a reflection of personal handwriting.

It has the same legal effect, but the signature of the person is more exclusive.

It's all the same, it's better to sign and fingerprint yourself.

Seals are not as good as signatures, and now everything that has legal effect is a signature with fingerprints.

Which is more effective between personal name seal and personal signature, personal name seal and signature and difference.

Legal analysis: Under normal circumstances, a private seal that has been filed by the public security organ has legal effect, but it is limited, or although it has not been recorded, if the signatory approves its signature, it also has legal effect on it, and needs to be judged according to the specific circumstances.

A personal seal is valid only for civil juristic acts carried out by a citizen himself or herself in his or her own name. In addition, when the citizen himself affixes his or her name and seal to the relevant legal documents, there is no fraud, coercion, major misunderstanding, obvious unfairness, or other civil juristic acts that are invalid or revocable and modifiable. The act of affixing the name seal is an expression of the true intention of the citizen, and the act of affixing the name seal in this case is established in accordance with the law.

Legal basis: Article 469 of the Civil Code of the People's Republic of China: The parties may conclude a contract in written, oral or other forms.

The written form is a form in which the contents of the contract, letter, telegram, telex, fax, etc. can be tangibly expressed.

Data messages that can be tangibly represented in electronic data interchange, e-mail, etc., and that can be accessed at any time shall be deemed to be in writing.

Legal analysis: Generally speaking, the personal seal does not have too high legal effect, because the personal seal has not been filed with the relevant authorities, and only the company's legal person seal will be recorded, which has legal effect.

Legal basis: Criminal Law of the People's Republic of China Article 280 The use of fake official seals will have the following consequences:1

Whoever forges, alters, buys, sells, or steals, snatches, or destroys official documents, certificates, or seals of state organs shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention, controlled release, or deprivation of political rights; where the circumstances are serious, the sentence is between three and ten years imprisonment. 2.Whoever forges the seal of a company, enterprise, public institution, or people's organization shall be sentenced to up to three years imprisonment, short-term detention, a system of supervision or deprivation of political rights.

3.Whoever forges or alters a resident identity card shall be sentenced to up to three years imprisonment, short-term detention, controlled release, or deprivation of political rights; where the circumstances are serious, the sentence is between three and seven years imprisonment.

Labor Contract Law of the People's Republic of China

Article 3 The conclusion of a labor contract shall follow the principles of legality, fairness, equality, voluntariness, consensus, and good faith. The labor contract concluded in accordance with the law is binding, and the employer and the employee shall perform the obligations stipulated in the labor contract.

Article 10 A written labor contract shall be concluded for the establishment of labor relations. If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment. If an employer and an employee conclude a labor contract before employment, the labor relationship shall be established from the date of employment.

Article 36 The employer and the worker may terminate the labor contract if they reach a consensus through consultation.