It varies from thing to thing,
Usually the right thumb or forefinger.
Do I need to press my handprint to sign the contract?
The contract has been established, but whether it will take effect depends on the effective conditions agreed by you. If it takes effect after signing, it has already taken effect. If the agreement needs to be thumbprinted, it needs to be thumbprinted before it can take effect.
Which finger is legal to cover fingerprints?
There are no clear rules, but you usually use your right index finger. The key is to indicate which hand and finger it is in brackets after printing.
Article 5 of Interpretation II of the Contract Law stipulates that "if the parties conclude a contract in the form of a contract, they shall sign or seal it. If the parties press their fingerprints on the contract, the people's court shall determine that it has the same legal effect as the signature or seal. "
Interpretation: There are three ways to sign a contract: signature, seal or thumbprint. The "handprint" in this paper should be a fingerprint, not a human seal.
What's the legal effect of pressing the handprint on the contract?
Source: China French Open Author: Time: 2012/0313 Recommended Contract Law Lawyer: According to the judicial interpretation of the Supreme People's Court Contract Law, the parties who press their fingerprints on the contract have the same legal effect as signing or sealing. How should the above terms be understood? The person in charge of the Supreme People's Court Research Office explains the Contract Law in detail (II) Article 32 of the Contract Law stipulates that if the parties conclude a contract in the form of a contract, it shall be signed or sealed by both parties.
Article 5 of the Supreme People's Court's judicial interpretation of this law stipulates that if the parties press their fingerprints on a contract, it has the same legal effect as signing or sealing it. How should the above terms be understood? Detailed explanation by the person in charge of the Supreme People's Court Research Office (II) Article 32 of the Contract Law stipulates that if the parties conclude a contract in the form of a contract, both parties shall sign or seal it. However, in the trial practice, some rural or migrant workers' parties are used to putting their fingerprints on the contract instead of signing and sealing it. According to Article 5 of the Interpretation of Contract Law (II), if the parties press their handprints on the contract, the people's court shall determine that they have the same legal effect as the signature or seal. It should be made clear here that fingerprinting has the same legal effect as signature or seal, not to solve the problem of contract effectiveness, that is, it does not mean that the contract must be effective, because the evaluation of contract effectiveness depends on the will of the state rather than the will of the parties to the contract. Even if fingerprinting, signature and seal are true and effective, and the contract itself has one of the circumstances stipulated in Article 52 of the Contract Law, it is still invalid. Whether a contract is established depends on whether the parties' expressions of will are consistent. The authenticity and validity of fingerprints, signatures and seals is a prerequisite for the authenticity and validity of the parties' will. As for the authenticity of fingerprints, it needs to be solved in the distribution of burden of proof. Share to: Previous:
Next: Specially recommend related articles ... No need to register, ask questions quickly.
Do I need a personal fingerprint when signing a labor contract?
Yes, everything I've seen has finger molds.
Which finger should I use when signing the contract?
This country still needs to sign with fingers. People don't believe you!
It's basically thumb and forefinger!
What's the difference between signing, stamping and fingerprinting in a contract?
That depends on the contract ... generally, this kind of contract has no legal effect.
Is the contract signed by both parties valid or do you need to stamp your fingerprints or something?
Whether any agreement is established and effective as long as it is signed by both parties (or stamped with fingerprints or something) should be analyzed in detail.
The legal basis is the Contract Law of People's Republic of China (PRC).
Article 32 A contract is concluded by the parties in the form of a contract, and it is established when both parties sign or seal it.
Article 33 If the parties conclude a contract in the form of data messages, they may request to sign a confirmation letter before the contract is established. The contract was established when the confirmation letter was signed.
Chapter III Validity of Contract
Article 44 A legally established contract shall come into force upon its establishment.
Where laws and administrative regulations stipulate that examination and approval, registration and other procedures shall be handled, such provisions shall prevail.
Hope to adopt, thank you.
Is it legal to sign someone else's name on the contract and press your own handprint?
If the contract is illegal, you are responsible. But it's not big. Don't worry too much. It happens all the time. The key is the company seal hunger.
Is the contract signed in this way legally binding? Strictly speaking, this contract is invalid.
Suggestion: Don't publicize this matter in the company. You can ask the leader privately.
How to sign and seal the electronic contract?
All contracts should be sent by fax, signed and handprinted.