People's Republic of China (PRC) Contract Law is stipulated by relevant laws.
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.
Article 45 The parties may stipulate that the validity of a contract is subject to conditions. A contract with effective conditions shall take effect when the conditions are met. A contract with termination conditions is invalid when the conditions are met.
If the parties improperly prevent the achievement of conditions for their own interests, the conditions are deemed to have been achieved; Those who improperly contribute to conditional achievement are regarded as conditional failure.
Article 61 After the contract comes into effect, the parties have not agreed or clearly agreed on the quality, price or remuneration, place of performance, etc. They can supplement the agreement; If a supplementary agreement cannot be reached, it shall be determined in accordance with the relevant provisions of the contract or trading habits.
Article 62 Where the parties have not clearly agreed on the contents of the contract and cannot be determined according to the provisions of Article 61 of this Law, the following provisions shall apply:
(a) the quality requirements are not clear, in accordance with national standards and industry standards; If there is no national standard or industry standard, it shall be implemented according to the usual standard or the specific standard that meets the purpose of the contract.
(2) If the price or remuneration is not clear, it shall be performed according to the market price at the place of performance when the contract is concluded; If * * * pricing or * * guidance price should be implemented according to law, it shall be implemented in accordance with the provisions.
(3) Where the place of performance is unclear, if payment is made in currency, it shall be performed at the place where the party receiving the currency is located; Where real estate is delivered, it shall be performed at the place where the real estate is located; Other targets shall be performed at the place where the party performing the obligations is located.
(4) If the time limit for performance is not clear, the debtor may perform at any time, and the creditor may also request performance at any time, but the other party shall be given the necessary preparation time.
(5) If the method of performance is not clear, it shall be performed in a way conducive to the realization of the purpose of the contract.
(six) if the burden of performance expenses is not clear, it shall be borne by the party performing the obligation.
The contract is signed by both parties and stamped with their handprints, but there is no date. Whether this contract is valid or not, this contract will come into effect after being signed and stamped by both parties, protected by law and notarized.
If you need to indicate the date, you can agree on the time or attach the date afterwards, and the contract is valid.
Date is required. If the date is not written, the contract will not be completed.
Is the loan contract valid without signature and seal? The most common introduction: IOUs.
What are the characteristics? Have legal effect.
Illustrate the application scenario with examples: General Principles of Civil Law
Other meaning: Debtor's signature, no seal.
Give an example to illustrate the application scenario: the loan is effective.
The contract is in duplicate, signed by both parties, but not sealed. If the contract clearly stipulates that it must be signed and sealed by both parties to take effect. If there is no agreement, it is generally considered that the signature takes effect.
Only the general manager signs the contract without official seal. Is it effective? The general manager is the person in charge of the daily production and operation management of the company. Unless there is a special announcement and evidence to the contrary, his behavior is attributed to the company. Signing a contract is of course effective!
Legally speaking, a contract is valid only if the other party signs and does not seal it, which may or may not be valid. Whether a contract with only a signature and no official seal has legal effect depends on the specific situation:
1. If the contract is signed by the entrusted agent of the unit within the scope of its permission or the legal representative of the unit, the contract is valid.
2. If the signed entrusted agent has no power of attorney, exceeds the power of attorney or signs a contract after the power of attorney is terminated, the signed contract is valid after ratification by the principal. Without ratification, the contract is invalid and the actor shall bear civil liability. Knowing that someone else has committed a civil act in my name without denying it is regarded as consent.
general rules of civil law
Article 38 In accordance with the law or the articles of association of a legal person, the person in charge who exercises functions and powers on behalf of the legal person is the legal representative of the legal person.
Article 63 Citizens and legal persons may carry out civil juristic acts through agents.
An agent carries out a civil juristic act in the name of the principal within the scope authorized by the agent. The principal shall bear civil liability for the agent's agency behavior.
Article 66 An act without agency, beyond agency or after termination of agency can only be ratified by the principal, who shall bear civil liability. If the act is not ratified, the actor shall bear civil liability. Knowing that someone else has committed a civil act in my name without denying it is regarded as consent.
How to sign a contract is effective?
The question of how to sign a contract is actually a question of the effective elements of the contract. According to the relevant provisions of the contract law, the entry into force of a contract includes general entry into force and special entry into force.
1. General conditions for the contract to take effect: refers to the general conditions for the contract to have an effect. Any contract can only be valid and established according to law if it has general effective elements; According to the provisions of Article 55 of the General Principles of Civil Law of People's Republic of China (PRC), the general requirements for the entry into force of a contract include:
(1) The actor has corresponding capacity for civil conduct;
(2) the meaning is true;
(3) It does not violate the law or public interests.
2. Special requirements for the entry into force of a contract: it refers to the conditions under which a contract must have special requirements in addition to the general requirements for entry into force. The special entry-into-force requirements of contracts are only the special requirements for the entry-into-force of some contracts stipulated by laws and administrative regulations, and are not universal;
Paragraph 2 of Article 44 of the Contract Law stipulates: "Where laws and administrative regulations stipulate that approval and registration procedures shall be handled, such provisions shall prevail."
Is it valid if the contract is signed and not stamped? Generally, contracts should be signed and sealed, so it is suggested to add a chapter during the insurance period anyway.
Is the contract valid without signature? A: The situation reflected in your letter is legally a condition for the contract to take effect. Article 32 of China's Contract Law stipulates that if the parties conclude a contract in writing, the contract will be established when both parties sign or seal it. Article 44 stipulates that a legally established contract shall take effect upon its formation. According to these two provisions, a general contract can take effect only if one person signs or seals it. It should be noted here that you can't apply the above analysis to real estate sales contracts. At present, the effective clause in the pre-sale contract of commercial housing adopted in this city is, "This contract will take effect from the date of signature by both parties/notarization by the notary office." If you both agree in the contract that it will take effect only after notarization, then the contract without notarization will still be invalid only after it is signed. In addition, some developers will supplement the effective conditions in the contract. If the contract takes effect after being signed and sealed, then the contract does not have to be signed.
I paid a deposit for buying a car and the contract was stamped and signed. The low-priced bill is not stamped and the amount is not written. Is this contract valid? Can I get a refund? If the contract is not signed or sealed, it will not take effect. However, if one party actually performs what the other party accepts, it can be considered that the contract is established and takes effect.
Is the simple contract valid without seal? That depends on the specific situation:
1. If the other party just doesn't stamp, but has signed the name of the specific person in charge, then a simple contract is valid, except that both parties to the contract become you and the person in charge of the signature.
2. If the other party not only fails to stamp or sign, it is generally invalid, because the contract is relative to two or more parties, and the other party's failure to sign also implies that the other party disagrees with the agreement in the contract. Based on the principle of not setting obligations for others, the contract is invalid. However, there are exceptions, that is, although the other party has neither stamped nor signed, there is a clear verbal agreement between the two parties or the other party has enough behavior to make you misunderstand that he has promised the contract matters, and you have paid time and money for the performance of the contract obligations, and the validity of the contract is to be determined. You can sue the other party because of the court's determination to make the contract effective.
I hope it helps you.