According to the law, the contract seal generally represents the validity of the contract, while the legal person seal can be recognized as the signature of the legal person, and the legal person signature is also a form representing the validity of the contract. A contract has both a contract seal and a legal person seal, which does not affect the validity of the contract. This contract is legally binding. Illegal subcontracting, the subcontracting contract is invalid, how to identify illegal subcontracting? The standard of identification is that illegal subcontracting as stipulated in Article 78 of the Regulations on Quality Management of Construction Projects refers to the following situations: (1) If the general contractor subcontracts a construction project to a unit that does not have the corresponding qualifications, it is illegal subcontracting; (two) there is no agreement in the general contracting contract of construction projects, and without the consent of the construction unit, the general contracting unit submits some of its contracted construction projects to other units for review; (three) the general contractor subcontracts the construction of the main structure of the building project to other units; (4) The Subcontractor subcontracts the contracted project. These are the criteria for identifying illegal subcontracting. Re-subcontracting means that the subcontractor subcontracts the contracted project to a third party. Article 29 of the "Construction Law" stipulates that subcontractors are prohibited from subcontracting their contracted projects. Subcontracting itself is illegal. According to the current law, subcontracting is an illegal subcontracting. There are many forms in which the construction party is not qualified to use a legally qualified construction enterprise to undertake the project. In the trial practice, there are many forms, such as unqualified builders affiliated with qualified construction enterprises, unqualified builders disguised as internal contractors of truly qualified construction enterprises, and unqualified builders nominally affiliated with qualified construction enterprises. The consequence of affiliation is that the affiliation contract of lending qualification is invalid, and the contract signed between the affiliate and the affiliate is also invalid. Take joint and several liability to the Employer for the project quality. In addition, we have to bear administrative responsibility. To sum up, it is also legally effective to affix the contract seal to the construction contract of the construction project, which is also considered as the company's recognition of the settlement contract.
Legal objectivity:
People's Republic of China (PRC) Civil Code
Article 143
A civil juristic act that meets the following conditions is valid:
(1) The actor has corresponding capacity for civil conduct;
(2) the meaning is true;
(three) does not violate the mandatory provisions of laws and administrative regulations, and does not violate public order and good customs.
People's Republic of China (PRC) Civil Code
Article 490
If the parties enter into a contract in the form of a contract, the contract shall be established when the parties sign, seal or press their fingerprints. Before signing, sealing or fingerprinting, one party has fulfilled its main obligations, and the contract is established when the other party accepts it.
A contract shall be concluded in written form as stipulated by laws, administrative regulations or agreed by the parties. If the parties do not do this in writing, but one party has fulfilled its main obligations and the other party accepts it, the contract is established.