Secretarial knowledge > Application

Protest application


Applicant: ***, male, Han nationality, born on the date of *month*, the villagers of Shandong Province, now living in the district.
Respondent: Binzhou Dongsheng Carpet Co., Ltd.
Address: Huimin County Development Zone No.
Request: Request to revoke the case of the general loan contract dispute between the applicant and the respondent, and the Huimin County People's Court No. Civil Judgment ruling, the applicant refused to accept the first-instance ruling to appeal to the Binzhou Intermediate People's Court, the applicant Providing the repayment vouchers without a public seal, the final ruling rejected the protest and upheld the original ruling. The applicant believes that the factual evidence is insufficient, so he filed an application and requested the people's procuratorate to file a protest in accordance with the provisions of Article 185 of the Civil Procedure.
1. The final ruling found that the factual evidence was insufficient.
The final ruling determined that the repayment documents provided by the applicant were not supported by the official seal. Due to the chaotic internal management of Caixia Carpet Group Co., Ltd., some of the documents were only signed by the payee, and the payee could be witnesses to appear in court, but the court did not issue a witness to testify in court to make a final judgment.
Therefore, it is not in the common sense that the final ruling determines that the repayment documents provided by the applicant are not supported by the official seal.
2. The Court of Final Appeal applies a legal error.
The final ruling determines that the applicant’s wife’s signature on the statement has the same legal effect. According to Article 66 of the General Principles of the Civil Law, if there is no agency right, surpassing the agency right or the agency right is terminated, the agent will bear the civil liability only after being appraised by the agent. I understand that if someone else performs a civil act in my name and does not deny it, it is considered consent. The applicant denied the wife's signature in the court, so the signature on the statement does not have legal effect.
Therefore, the application of the law is wrong, so the prosecution agency is required to protest.

This

**** court

applicant:***

November october

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