If the consignee denies it, the judge may not adopt the validity of the corresponding delivery note. In the sales contract, the seller usually takes the delivery note as evidence that he has fulfilled his delivery obligation. In practice, there are three forms of delivery note, and the proof effect of delivery note is different in different ways of signing:
1. The delivery note has the highest proof effect, and the consignee seals it. The proof of the official seal is highly effective, and the consignee shall bear the legal consequences for its act of affixing the official seal. If there is no evidence to the contrary, the court will confirm the probative effect of the delivery note;
2. The delivery note with the carrier's signature, but without the signature of the consignee's responsible person or handler, and without the official seal of the consignee's unit.
only when the carrier seals, it exists in the case of delivery by express delivery, consignment, mail, etc. If possible, the delivery note signed by the consignee can be transferred out. Only the delivery note signed by the carrier has certain evidential effect. As the transport link between the buyer and the seller, the carrier can normally deliver the goods to the consignee. The defect of this evidence is that if the consignee denies receiving the goods and can't recall the record of the consignee's signature on the delivery note, the seller (consignor) and the buyer (consignee) can't be directly linked by the face of the delivery note itself. If there is other evidence, such as invoice deduction, the court will still confirm the validity of the delivery note. Therefore, in the case of consigning the carrier to deliver the goods, it is necessary to keep the delivery express, consignment note and mail receipt, and fill in the details in the commodity name column as much as possible.
Legal basis:
Article 122 of the Civil Procedure Law of the People's Republic of China
A lawsuit must meet the following conditions:
(1) The plaintiff is a citizen, legal person and other organization that has a direct interest in the case;
(2) There is a clear defendant;
(3) There are specific claims, facts and reasons;
(4) it is within the scope of civil litigation accepted by the people's court and under the jurisdiction of the people's court against which the lawsuit is filed.