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借用合同专用章对外签订合同所产生的民事责任,应根据合同相对人的主观状态来确定。若合同相对人在缔约时为善意且无过失,其可选择适用表见代理,主张合同有效,由合同专用章的出借人对其承担合同责任;或选择适用无权代理,由合同专用章的出借人和借用人对其连带承担缔约过失责任,赔偿其信赖利益的损失。若合同相对人在订立合同时明知借用公章的事实,则其行为属通谋的虚伪意思表示,应以隐藏的法律行为来约束合同双方,合同专用章的借用人和合同相对人受合同效力的拘束,出借方不承担民事责任。
The civil liability arising from signing contracts with the special seal of the contract shall be determined according to the subjective state of the counterparty. If the relative of the contracting party is goodwill and without fault at the time of signing the contract, the contracting party may choose the applicable form of representation agent, claiming that the contract is valid, and the lender of the contract shall bear the contractual responsibility for the contract; or choosing to apply to the non-authorized agent, The borrower and the borrower shall bear the liability of contracting fault and compensate for the loss of their trust benefit. If the contract counterparts knowingly borrowed the fact that the seal is used at the time of conclusion of the contract, the act is a hypocritical act of a conspiracy which states that both parties to the contract should be bound by hidden legal acts and that the contract debtor and the contractual counterpart are contractually effective Binding, lenders do not bear civil liability.