From a legal point of view, the statement has at least the following three legal effects:
(1) Effectively prove the existence of the trading relationship;
(2) Effectively proved the existence of creditor-debtor relationship. A reconciliation letter effectively or partially confirmed by the other party is equivalent to an iou;
(3) may lead to the interruption of the limitation of action. According to Article 140 of the General Principles of the Civil Law, the limitation of action is interrupted by bringing a lawsuit, a party making a request or agreeing to perform an obligation. Therefore, an appropriately expressed conciliation statement may also cause the interruption of the limitation of action.
Judging from the contents of the account letter, it generally consists of two parts:
The first is reconciliation, in which the party issuing the reconciliation letter lists the reasons and deducts the settlement amount according to its own financial records, and signs it with its seal to show that it is responsible for the amount. Sometimes, the party who sends the bill not only tells the other party the final transaction amount in this part, but also describes the business process in detail, including the delivery time and quantity of goods, the time of providing labor services, the settlement amount and so on.
The second is confirmation. The other party checks the information confirmed in the reconciliation, including the transaction amount. If there is no objection, it will be sealed and signed for confirmation.
Therefore, the reconciliation letter can be used as a creditor's right certificate alone.
According to Article 10 of China's Contract Law: "The parties may conclude a contract in written form, orally or in other forms. If laws and administrative regulations stipulate that it should be in writing, it should be in writing. If the parties agree to be in writing, it shall be in writing. " Article 36 stipulates: "A contract is concluded in written form as stipulated by laws, administrative regulations or agreed by the parties, but one party has fulfilled its main obligations and the other party accepts it.".