The seal of the contract plays an important role: for the parties to the contract, the seal of the contract marks the completion of the offer and commitment of both parties to conclude the contract and the final confirmation of the rights and obligations of both parties, thus marking the establishment of the contract through consultation between both parties and having legal effect on both parties. The parties shall exercise their rights and perform their obligations in accordance with this contract.
You can use the private seal of the contract instead of the signature. Personal seal can replace signature in legal effect. If you sign a labor contract with an enterprise in practice, it is best to obtain the signature of the legal representative, not the private seal. If the parties conclude a contract in the form of a contract, the contract shall be established when both parties sign or seal it. Private seals are not filed in the industrial and commercial bureau like official seals, so it is difficult to identify disputes. Therefore, lawyers suggest that if a labor contract is signed with an enterprise in practice, it is best to obtain the signature of the legal representative, rather than a private seal.
What are the conditions for the contract to take effect?
1. The actor has corresponding capacity for civil conduct when signing the contract.
Capacity for civil conduct refers to the ability of civil subjects to set civil rights or obligations with their own actions. As a civil juristic act, a contract can only be concluded by a person with corresponding civil capacity. A contract concluded by a person without corresponding capacity for civil conduct is a contract with undetermined validity. However, a person without corresponding capacity for civil conduct may conclude a contract through a legal representative. An actor with corresponding capacity for civil conduct means that the actor who concludes a contract has corresponding capacity for expressing will when concluding a contract, rather than the parties to the contract having corresponding capacity for civil conduct. This also shows that the actor may or may not be a party to the contract, that is, the actor may be the same person as the party to the contract, or there may be inconsistencies.
2. Meaning means truth
The truthfulness of the expression of will refers to the behavior of the thinker, that is, the actor who expresses his will, and should truly reflect his inner meaning, that is, the inner meaning of the parties is consistent with the outer meaning.
3. It does not violate the law or public interests.
This requirement is aimed at the purpose and content of the contract. The purpose of a contract is an effect that the parties hope to achieve when concluding a contract. The content of a contract refers to the object to which the rights and obligations stipulated in the contract point. Even if all other requirements for the effectiveness of the contract are met, the purpose or content of the contract violates the law or public interest, and the contract will be invalid.
After both parties sign the contract, it does not mean that the contract will take effect, but it must be signed or sealed by both parties to make the contract take effect. If there are no necessary elements in the contract, it will be considered invalid. It should be noted that the signed contract needs to be put on record in the labor contract in time to give full play to its legal effect.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Article 490 of the General Principles of the Civil Law states that if the parties conclude a contract in the form of a contract, the contract is established when the parties sign, seal or press their fingerprints. Before signing, sealing or fingerprinting, one party has fulfilled its main obligations, and the contract is established when the other party accepts it.