A contract signed and sealed unilaterally is generally invalid in law. If the signed and sealed party takes the text as a valid offer, as long as the unsigned counterpart makes a valid commitment to the text, the contract will be established according to law and take effect without violating the legal provisions.

Legal analysis

If one party signs a contract on behalf of the other party, the validity of the contract depends first on whether the signed party agrees, and secondly on whether the contract meets the conditions for entry into force. A contract shall be concluded in written form as stipulated by laws, administrative regulations or agreed by the parties. If the parties do not do this in writing, but one party has fulfilled its main obligations and the other party accepts it, the contract is established. Generally speaking, the subjects who can claim that a contract is invalid include the parties to the contract, the interested parties and the competent authorities of the state. The parties to a contract, a third party interested in the contract and the competent state authority may claim that the contract is invalid. There should be no time limit for claiming that the contract is invalid. For a general invalid contract that only involves the interests of the parties, the claim is not limited by the subject and time and does not have effect. The purpose of claiming that the contract is invalid is to investigate the responsibility of the parties or make them bear the corresponding debts by confirming that the contract is invalid. At this time, the subject who claims that the contract is invalid should be the parties to the invalid contract. The creditor's rights arising from invalid contracts should be limited if they are to be protected by the court. The time here refers to the prescription. In our country, when the limitation of action expires, the creditor's right to win the case disappears, and the court does not protect the creditor's rights.

legal ground

Article 490 of the Civil Code of People's Republic of China (PRC): If the parties conclude a contract in the form of a contract, the contract is concluded when the parties sign, seal or fingerprint it. Before signing, sealing or fingerprinting, one party has fulfilled its main obligations, and the contract is established when the other party accepts it. A contract shall be concluded in written form as stipulated by laws, administrative regulations or agreed by the parties. If the parties do not do this in writing, but one party has fulfilled its main obligations and the other party accepts it, the contract is established.