According to the provisions of Article 70 of the Civil Procedure Law, the original documentary evidence shall be submitted. Physical evidence shall be submitted in its original form. If it is really difficult to submit the original or the original, copies, photos, duplicates and excerpts may be submitted.
Photos or faxes used in the process of mutual offer and commitment by the parties, as long as one party's commitment has not been established, such faxes or photos cannot be used as evidence to confirm the establishment of the contractual relationship; Or after the fax or photo that can prove the establishment of the contractual relationship, the two parties signed a formal contract text on the agreed matters, which cannot be used as evidence to confirm the contents of the contract.
Therefore, if the other party insists that the contract is valid and there is no official seal on the photo, although it has certain legal effect, it cannot be used as evidence of the establishment of the contract alone, and other evidence is needed to support it.
Extended data:
The legal effect of the original contract:
The original contract refers to the contract text signed or sealed by both parties after unanimous consideration. The original contract is one of the "written forms" stipulated in the contract law and has the most legal proof. In the law of evidence, the original contract can be identified as direct evidence and original evidence. It is a kind of evidence that directly comes from the disputed facts and can directly prove the disputed facts independently, and the court generally accepts it directly.
In practice, even if the photo or fax belongs to the original, it cannot be used as evidence to determine the facts of the case alone.
For example, the fax used by both parties in the process of mutual offer and acceptance, as long as one party's acceptance has not been established, can not be used as evidence to confirm the establishment of the contractual relationship; Or, after the fax that can prove the establishment of the contractual relationship is sent, the two parties signed a formal contract text on the agreed matters, and this fax cannot be used as evidence to confirm the contents of the contract.
Finally, before confirming the evidential validity of the fax, we must first identify the authenticity of the fax. The contents of the fax can be changed by copying, etc. Therefore, although the fax as an original has sufficient evidential effect, it still needs other evidence to prove its authenticity.
Legal effect of scanned documents:
From the point of view of evidence, the scanned document is a picture, which exists in the form of a copy and can be tampered with technically. Therefore, the proof function of the scanned document itself is very low. Unless the other party approves the scanned document, it is necessary to provide other relevant evidence to support it, forming a chain of evidence. The scanned document can be used as the final evidence and has high probative effect.
A scanned copy is equivalent to a photocopy, and it is difficult to get court support by going to court alone. The original may also be tampered with, but it can be authenticated. If the original is true, it can be used as evidence to identify the facts, while the scanned copy can not be directly identified as evidence even if it is true. This is the difference between the two.
Peking University Legal Information Network-People's Republic of China (PRC) Contract Law
Peking University Law Information Network-People's Republic of China (PRC) Civil Procedure Law