1. Similarly, a private seal can replace a signature in legal effect.

2. In practice, when signing a labor contract with an enterprise, 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. What are the precautions when signing a contract?

1. Verify the subject qualification of the other party;

2. Form of contract:

(1) The contract must be signed in writing;

(2) If a contract is concluded by oral, letter or data message, a confirmation letter must be signed and sealed;

(3) The contract background shall be indicated when the contract is countersigned.

3. The necessary clauses of the contract should be specific and clear;

4. Contractual obligations before signing the contract;

5, in the process of contract performance, pay attention to collect and save relevant evidence;

6. After the contract is signed, the original contract shall be kept by the company;

7. The contents of the contract shall not harm the interests of the public, the state, the collective and the third party, and shall not contain exemption clauses that cause personal injury or property loss to the other party due to intentional and gross negligence. If the parties enter into a contract in the form of a contract, the contract shall be 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. 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.

It should be noted that there are several situations in which a contract is not signed or sealed, and its validity should be determined according to the specific circumstances: the first is that only one party signs or seals, and if one party (whether the signatory or the seal party) fulfills the main obligations of the contract and is accepted by the other party, the contract is established, regardless of whether the recipient has fulfilled its due obligations; The second is that only one party signs or seals the contract. If one party (whether the signatory or the seal party) performs the main obligations of the contract, but it is not accepted by the other party, the contract is not established; The third is that only one party signs or seals the contract, but neither party has fulfilled the main obligations of the contract, and the contract is not established; The fourth is that both parties have not signed or sealed the contract, but one party has fulfilled its main obligations and is accepted by the other party, and the contract is established, regardless of whether the recipient has fulfilled its due obligations; The fifth is that the contract is not signed or sealed by both parties, and if one party has fulfilled its main obligations but has not been accepted by the other party, the contract is not established; The sixth is that neither party has signed or sealed the contract, and neither party has fulfilled the main obligations of the contract, so the contract is not established.

What are the main conditions for the establishment of a valid contract?

Legal basis:

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.

Derivative problem:

Title:

Is it useful not to sign and seal the contract?

Content:

Is it useful not to sign and seal the contract?

Article 490 of China's Civil Code stipulates 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. 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.

It should be noted that there are several situations in which a contract is not signed or sealed, and its validity should be determined according to the specific circumstances: the first is that only one party signs or seals, and if one party (whether the signatory or the seal party) fulfills the main obligations of the contract and is accepted by the other party, the contract is established, regardless of whether the recipient has fulfilled its due obligations; The second is that only one party signs or seals the contract. If one party (whether the signatory or the seal party) performs the main obligations of the contract, but it is not accepted by the other party, the contract is not established; The third is that only one party signs or seals the contract, but neither party has fulfilled the main obligations of the contract, and the contract is not established; The fourth is that both parties have not signed or sealed the contract, but one party has fulfilled its main obligations and is accepted by the other party, and the contract is established, regardless of whether the recipient has fulfilled its due obligations; The fifth is that the contract is not signed or sealed by both parties, and if one party has fulfilled its main obligations but has not been accepted by the other party, the contract is not established; The sixth is that neither party has signed or sealed the contract, and neither party has fulfilled the main obligations of the contract, so the contract is not established.

What are the main conditions for the establishment of a valid contract?

1, the parties have corresponding capacity for civil conduct.

Civil capacity includes contractual capacity and corresponding contracting capacity, which is the basic condition for the parties to understand and grasp the development and legal effect of the contract. In principle, natural persons must have full capacity to sign contracts. If a person with limited capacity and a person without capacity cannot sign a contract in person, they should be signed by their legal representatives. There is an exception in the contract law, where a person with limited capacity can sign a pure interest contract or a contract suitable for his age, intelligence and mental health. For non-natural persons, they must have the ability to conclude contracts after legal procedures are established. At the same time, we must have the corresponding contracting ability, that is, we must sign the contract within the scope of authority granted by laws, administrative regulations and relevant departments.

2. The intention of the parties is true.

The expression of a contracting party should truly reflect its inherent meaning of validity, that is, its meaning of validity is consistent with the expression. If the expression of intention is untrue, the impact on the effectiveness of the contract shall be determined according to the specific circumstances. In case of general misunderstanding, this contract is still valid. If there is a major misunderstanding, this contract can be changed or terminated. In the case that the contract is obviously unfair due to the danger of taking advantage of others, the contract can be modified or terminated. A contract concluded by fraud or coercion is invalid if it harms the interests of the state; If it does not harm the interests of the state, the contract can be changed or terminated.

3, does not violate the law or social public interests.

4. The subject matter of the contract must be determined, and the possible subject matter of the contract determines the quality and quantity of the contractual rights and obligations. Without it, the contract will lose its purpose and positive significance and should be invalid.