According to the Contract Law of People's Republic of China (PRC), if the parties conclude a contract in the form of a contract, the contract will be established when both parties sign or seal it.

Article 32 of the Contract Law of People's Republic of China (PRC) * * * If the parties conclude a contract in the form of a contract, the contract shall be established when both parties sign or seal it.

Article 35 of the Contract Law of People's Republic of China (PRC), if the parties conclude a contract by contract, the place where the two parties sign or seal is the place where the contract is established.

What are the conditions for the contract to take effect?

1. When concluding a contract, the parties to the contract have the corresponding contracting capacity. Capacity for civil conduct is the prerequisite for the validity of civil legal acts. A civil juristic act carried out by a person with no capacity for civil conduct or a person with limited capacity for civil conduct is valid only after ratification by his legal representative. The so-called capacity for contracting behavior refers to the legal qualification of civil subjects to independently conclude contracts and obtain civil rights or assume civil obligations through their own actions. Accordingly, minors over 65,438+08 years old, or minors over 65,438+06 years old but under 65,438+08 years old, have the right to conclude contracts with their own labor income as their main source of livelihood. Intermittent mental patients have limited capacity for civil conduct and do not have capacity for contracting behavior. Mental patients who can't identify their own behavior and minors under the age of 10 are persons with no capacity for civil conduct and cannot conclude contracts. However, a person with limited capacity for civil conduct or a person without capacity for civil conduct may conclude a pure benefit contract or a contract suitable for his age and intelligence. A legal person's capacity for civil conduct can only be limited to its approved and registered production, operation and business scope. Therefore, legal persons have the ability to conclude contracts within the scope of their production, operation and business.

2. The intention of the parties to the contract is true. The so-called expression of will is an act of pointing to the outside to show the meaning with certain legal effect. The expression of will is an element that constitutes a legal act. The true expression of will is one of the prerequisites for a valid contract. A contract concluded by one party due to fraud, coercion or gross mistake is often not a true expression of will, and it is an invalid contract or a revocable contract.

3. The contract does not violate the law or public interest. Not violating the law or public interest is one of the natural conditions for the validity of the contract. However, it must be noted that the contract does not violate the law, which means that the contract must not violate the mandatory legal provisions that the parties must abide by and cannot be changed through consultation. In other words, the parties do not have to abide by the arbitrary clauses in the contract law to guide them to conclude a contract. Mandatory legal provisions are generally expressed by words such as "may not" and "must", while arbitrary norms are expressed by words such as "may". In addition, the contract does not violate the law, but also refers to the content of the contract, that is, the rights and obligations of both parties must be legal. If some clauses in the contract are valid and some are invalid, confirming that some clauses are invalid does not affect the validity of the valid clauses.

4. The contents of the contract must be definite or possible. A legally established contract is like the law between the parties. Therefore, the content of the contract, as the basis for determining the rights and obligations of the parties, is of great significance for judging whether the contract takes effect, how to perform it after it takes effect, and whether it is right or wrong in case of disputes. The determination of contract content means that the contract content must be determined when the contract is established, or it must be in a determinable state when it is performed in the future. The possibility of contract content means that the specific matters stipulated in the contract can be realized objectively. If the contents of a contract fall into one of the following circumstances, the contract is invalid: factual impossibility, initial impossibility, objective impossibility, permanent impossibility and complete impossibility.

In addition, according to the second paragraph of Article 44 of the Contract Law, a contract that should be approved and registered according to laws and administrative regulations must go through the approval and registration procedures in accordance with the regulations before it can take effect; Otherwise, even if the above general contract entry requirements are met, the contract will not take effect. This provision mainly reflects the state's moderate intervention in the freedom of contract or the protection of bona fide third parties. For example, according to Articles 4 1 and 42 of the Guarantee Law, if the parties mortgage buildings such as urban real estate or factories of township (town) and village enterprises, the mortgage contract shall come into effect after the departments designated by the local people's governments at or above the county level register the collateral.