First, the difference and connection between personal seal and signature
Personal seal and signature are different in form, but in some cases, they can be used as a way of identity authentication and expression of will. Signature is the abbreviation of handwritten signature, which has the characteristics of directness and personalization, while personal seal is a pattern or text engraved with personal name to replace handwritten signature.
Second, the legal effect of personal seal under specific circumstances
In some specific legal relationships, the personal seal is endowed with the legal effect equivalent to the signature. For example, in the case of contract signing and document authentication, if the parties agree to use personal seal instead of signature, and meet the procedures and requirements stipulated by law, then personal seal can be regarded as an effective expression of will.
However, it should be noted that not all personal seals can be equated with signatures. In some important legal affairs, such as transactions or agreements involving sensitive areas such as property rights and identity relations. The law may require the use of a signature instead of a personal seal. In addition, if the personal seal is forged or abused, its legal effect may also be questioned.
Third, legal provisions and actual operation.
Regarding the relationship between personal seal and signature, the relevant laws and regulations in China have made certain provisions. However, due to the abstraction of legal provisions and the complexity of actual operation, the specific legal effect needs to be judged in combination with specific cases. In practice, the court will comprehensively determine the legal effect of the personal seal according to the specific circumstances of the case, the agreement of the parties and the legal provisions.
To sum up:
Whether a personal seal is legally equivalent to a signature depends on the specific legal provisions and actual situation. Under certain circumstances, if the procedures and requirements stipulated by law are met, the personal seal can be regarded as an effective expression of will. But when it comes to important legal affairs, the signature may have higher legal effect. Therefore, in actual operation, we should choose to use signature or personal seal according to the specific situation, and follow the relevant legal provisions and procedures.
Legal basis:
People's Republic of China (PRC) Civil Code
Article 490 stipulates that:
If the parties enter into a contract in the form of a contract, the contract shall be established when the parties sign, seal or press their fingerprints. Before signing, sealing or fingerprinting, one party has fulfilled its main obligations, and the contract is established when the other party accepts it.
A contract shall be concluded in written form as stipulated by laws, administrative regulations or agreed by the parties. If the parties do not do this in writing, but one party has fulfilled its main obligations and the other party accepts it, the contract is established.
People's Republic of China (PRC) electronic signature method
Article 3 provides that:
In civil activities, the parties may agree to use or not use electronic signatures and data messages in contracts or other documents, vouchers and other documents.
A document in the form of electronic signature or data message agreed by the parties shall not be denied its legal effect just because it is in the form of electronic signature or data message.
The provisions of the preceding paragraph shall not apply to the following documents:
(a) involving marriage, adoption, inheritance and other personal relationships;
(two) involving the cessation of water supply, heating, gas supply and other public utilities services;
(3) Other circumstances in which electronic documents are not applicable as stipulated by laws and administrative regulations.