We all know that no matter what the two sides have agreed, they should not make an oral agreement, but should make a written record. It is best for both parties to negotiate and draw up a contract and then sign it. As long as it is signed and sealed, this contract has legal effect and is legal. If any party's behavior does not conform to the contract, it will be regarded as a breach of contract and will be prosecuted. So if you don't sign it, can you sue?
1. Can I sue if I don't sign the contract?
No written contract was signed with the other party. If the other party admits that there is an oral contract, the content of the contract said by the other party is consistent with that of the plaintiff, and the other party will not breach the contract. Because there is a dispute over the performance of the contract, you can go to court to sue the other party.
It is better for the plaintiff to provide audio or video evidence, as well as evidence that the plaintiff and the other party have bills to perform the contract. If there is an economic dispute, they can bring evidence to court to sue each other. According to Article 63 of the Civil Procedure Law, the evidence includes:
(a) Statements of the parties;
(2) Documentary evidence;
(3) Physical evidence;
(4) Audio-visual materials;
(5) Electronic data;
(6) Testimony of witnesses;
(7) Appraisal opinions;
(8) Records of the inquest. Evidence must be verified before it can be used as a basis for ascertaining facts.
According to Article 64 of the Civil Procedure Law, the parties have the responsibility to provide evidence for their claims.
Article 1 of Judicial Interpretation III of Contract Law stipulates:
1. If there is no written contract between the parties, and one party claims that there is a sales contract relationship by means of delivery note, receipt note, statement, invoice, etc.
2, the people's court shall, in combination with the relevant evidence between the parties, such as trading methods, trading habits, etc., to determine whether the sales contract is established.
3. If the name of the creditor is not recorded in the letters and vouchers such as the reconciliation confirmation form and the creditor's rights confirmation letter, and one party to the sales contract proves that there is a sales contract relationship, the people's court shall support it, unless there is enough evidence to overturn it.
According to Article 52 of the Contract Law, one party enters into a contract by means of fraud or coercion, which harms the interests of the state; Malicious collusion, harming the interests of the state, the collective or the third party; Cover up illegal purposes in a legal form; Harm the public interest; In violation of the mandatory provisions of laws and administrative regulations, it shall be deemed invalid. An invalid contract is not legally binding from the time it is concluded and is protected by law;
The main thing is to guard against people now and prepare everything with both hands. Signing a contract is not a troublesome thing. Once it is signed, it will take effect within the scope of law. If there is any economic dispute in the future, this contract can testify for the parties.