Faxes are legally binding, but try to avoid simply using faxes as evidence. It is best to be cautious when using faxes as contract information.

Article 11 of the "Contract Law of the People's Republic of China" stipulates that the written form of a contract refers to contracts, letters and data messages (including telegrams, telexes, faxes, electronic data interchange and electronic Email), etc., a form that can tangibly express the content contained therein. Faxes are data messages, which are copies of "documentary evidence" in the form of evidence.

Article 68 of the "Civil Procedure Law of the People's Republic of China" stipulates that original documentary evidence must be submitted. If it is really difficult to submit the original, you can submit copies, photos, copies, and excerpts.

Article 78 of the "Civil Procedure Law of the People's Republic of China" stipulates that the evidence materials are copies, the provider refuses to provide the originals or original clues, there are no other materials to corroborate, and the other party does not If recognized, it shall not be used as a basis for determining facts in litigation. Therefore, in judicial practice, the legal effect of faxes is not generally denied. Generally, a fax has legal effect under the following circumstances:

1. The relevant parties recognize the content of the fax;

2. The content expressed in the fax can be recognized by other written documents Supported by evidence (documents, letters and emails), or supported by relevant facts;

3. The party sending the fax retains the certificate of issuance (fax machines have this function). The fax itself cannot confirm whether it was sent by the other party, its authenticity cannot be confirmed, and it is not objective. If the other party denies it, it cannot be used as evidence.

When signing a fax contract, you must retain supporting evidence (such as documents, letters, emails and other written evidence) to prove the validity of the contract. It is best not to use this method for large contracts. Extended information

The difference in legal effect between the original contract, the fax copy and the scanned copy

1. The legal effect of the original contract

The original contract refers to the contract that has been negotiated by both parties The original contract text is signed or stamped with the seals of both parties after agreement. The original contract is the most legally provable form of "written form" stipulated in the Contract Law. The original contract can be recognized as direct evidence and original evidence in evidentiary science. It is a kind of evidence that directly comes from the facts in dispute and can independently and directly prove the facts in dispute. The court will generally directly admit it.

2. The legal effect of faxes

Faxes are also a type of written contract, but compared with the originals, the different nature of the faxes will affect its legal effect: Faxes faxed to each other by both parties and directly modified or confirmed by the content can be regarded as originals, but faxes that are only for the purpose of transmitting text and images are similar in nature to photocopies and are evidence whose validity is yet to be determined and cannot be used separately. as evidence to determine the facts of the case.

3. The legal effect of scanned copies

From an evidence point of view, scanned copies are pictures, exist as copies, and can technically be tampered with, so the scanned copies alone The probative effect is very low. Unless the other party recognizes the scanned copy, other relevant evidence needs to be provided to support it and form an evidence chain. The scanned copy can be used as final evidence, thus having a high evidential effect.

Baidu Encyclopedia - Contract Law of the People's Republic of China

Baidu Encyclopedia - Civil Procedure Law of the People's Republic of China