Current location - Quotes Website - Personality signature - Is it valid to sign a contract without fingerprints?
Is it valid to sign a contract without fingerprints?
The contract was signed without fingerprints, but it is legally binding if it is signed or sealed by the parties. Handprints have the same effect as signatures or seals. If the parties conclude a contract in the form of a contract, the contract shall not be signed or sealed by the parties, but it shall have legal effect if it is signed or sealed by the parties.

Legal analysis

Yes, signing and fingerprinting have the same legal effect. The conditions for the contract to take effect are: 1, and the parties to the contract have corresponding capacity for civil rights and capacity for civil conduct; The parties to a contract must have corresponding capacity for civil rights, capacity for civil conduct and capacity for contracting, so as to become qualified contract subjects. If the subject is unqualified, the contract cannot have legal effect. 2. The intention of the parties to the contract is true; The party's expression of will is true, that is, the actor's expression of will should truly reflect his inner meaning. After the contract is established, it is often difficult to judge whether the parties' expression of will is true from the outside, and the law generally does not take the initiative to intervene. The lack of elements of true expression of will, that is, the expression of will is untrue, does not absolutely lead to the invalidity of the contract. 3, the contract does not violate the law or social interests; A contract does not violate the interests of the law and the public, which mainly includes two meanings: First, the content of the contract is legal, that is, the rights and obligations agreed in the contract terms and the object, that is, the subject matter, should comply with the provisions of the law and the public. 4. Having the formal requirements for the entry into force of the contract as stipulated by laws and administrative regulations; The so-called formal requirements refer to the requirements of laws and administrative regulations on the form of contracts. Formal requirements are usually not the requirements for the contract to take effect, but if laws and administrative regulations are the conditions for the contract to take effect, it will become one of the requirements for the contract to take effect. Without these formal requirements, the contract can't take effect. Except as otherwise provided by law.

legal ground

People's Republic of China (PRC) Civil Code

Article 490 Where the parties conclude a contract in the form of a contract, the contract is formed when the parties sign, seal or fingerprint it. 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.

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.

skill

The above answer is only for the current information combined with my understanding of the law, please refer carefully!

If you still have questions about this issue, I suggest you sort out relevant information and communicate with professionals in detail.