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鲁某是一家建材公司的经理,去年初,公司给省城的一家工地供应建材,每次送货均是公司送货后,对方工作人员填写送货单,现在,那家工地欠公司的钱已经累计18万元。去年8月份,在多次催讨无效后,公司拿着这些送货单起诉到了法院,要求对方还款。在审理过程中,对方辨解说签字的人不是工地的工作人员,工地从未收到过那些货物。最近一审时,法院判公司败诉。近年来,因为欠款引起的法律纠纷日渐增多,在众多的纠纷中,常有债权人因为不能拿出曾借出过款的有效证据,而被判败诉,以致要不回钱。这种情况发生的一个主要原因是当事人在与他人的经济往来过程中,缺乏法律意识,不注意协议或单据的效力,以致在诉讼举证时难以拿出证据,陷于被动境地。在这个案件中,建材公司给工地供货,按照法律要求应该由工地负责人签字或者由其授权的工作人员签字,同时加盖收货单位的公章。法定代表人的签字或单位公章具有法律效力,能够有效
Lu was a manager of a building materials company early last year, the company supplies construction materials to a site in the provincial capital, each delivery is the company delivery, the other staff fill out the delivery note, and now, the construction site owes the company money Has accumulated 180,000 yuan. Last August, after several rounds of invalidation, the company took the delivery notes and filed a lawsuit to the court, asking each other to repay. During the hearing, the other party noticed that the person signing the letter was not a staff member of the construction site, and those goods had never been received by the construction site. At the first instance, the court ruled against the company. In recent years, due to the increasing number of legal disputes arising from arrears, in many disputes, creditors often lose their money because they can not come up with valid evidence that they have lent overdue loans. A major reason for this happening is that the parties lack legal awareness and do not pay attention to the effectiveness of the agreement or the documents in their economic dealings with others, so that it is difficult to show evidence and be in a passive situation when the lawsuit is presented. In this case, the building materials company supplies the site with the signature of the person in charge of the site or the staff authorized by it in accordance with the law, and affixes the seal of the receiving unit. The legal representative’s signature or official seal has the force of law, can be effective