From a legal point of view, the statement has at least the following three legal effects:
1, which effectively proves the existence of the trading relationship;
2. Effectively prove the existence of the relationship between creditor's rights and debts, and a mediation document effectively or partially confirmed by the other party is equivalent to an iou;
3, may cause the interruption of the limitation of action.
The limitation of action is interrupted by the institution of a lawsuit, the request of one party or the agreement to perform the obligation. Therefore, an appropriately expressed conciliation statement may also cause the interruption of the limitation of action.
In the enterprise statement, the financial personnel of the other party sign and affix the special contract form, which has legal effect. The official seal of the other company and the consignee's signature on the receipt confirmation form are the civil legal acts of the other company to acknowledge the receipt of the goods, which can be used as direct and effective evidence to recover the payment.
legal ground
People's Republic of China (PRC) Civil Code
Article 469 The parties may conclude a contract in writing, orally or in other forms.
Written form refers to contracts, letters, telegrams, telexes, faxes and other forms that can tangibly express the contents contained.
A data message that can tangibly express its content through electronic data interchange, e-mail, etc. , and can be retrieved at any time, are considered in writing. Article 470 The contents of a contract shall be agreed upon by the parties, and generally include the following clauses:
(1) The name and domicile of the party concerned;
(2) Subject matter;
(3) quantity;
(4) quality;
(5) Price or remuneration;
(6) Time limit, place and method of performance;
(7) Liability for breach of contract;
(8) Methods for resolving disputes.
The parties may conclude a contract by referring to the model texts of various contracts. Article 511 Where the contents of a contract are not clearly prescribed by the parties and cannot be determined in accordance with the provisions of the preceding article, the following provisions shall apply:
(a) the quality requirements are not clear, in accordance with the mandatory national standards; If there is no mandatory national standard, it shall be implemented in accordance with the recommended national standard; If there is no recommended national standard, it shall be implemented in accordance with industry standards; If there is no national standard or industry standard, it shall be implemented according to the usual standard or the specific standard that meets the purpose of the contract;
(2) If the price or remuneration is not clear, it shall be performed according to the market price at the place of performance when the contract is concluded; If government pricing or government-guided pricing should be implemented according to law, it shall be implemented in accordance with the provisions;
(3) Where the place of performance is unclear, if payment is made in currency, it shall be performed at the place where the party receiving the currency is located; Where real estate is delivered, it shall be performed at the place where the real estate is located; Other targets shall be performed at the place where the party performing the obligations is located;
(4) If the time limit for performance is not clear, the debtor may perform at any time, and the creditor may also request performance at any time, but the other party shall be given necessary preparation time;
(5) If the method of performance is not clear, it shall be performed in a way conducive to the realization of the purpose of the contract;
(six) if the burden of performance expenses is not clear, it shall be borne by the party performing the obligation; The performance expenses increased due to the creditor's reasons shall be borne by the creditor.