Legal analysis
There are three principles to determine the validity of a contract: first, a notarized contract shall be deemed to be established if the intentions of both parties are true and the agreed contents do not harm the legitimate rights and interests of the state, the collective and the third party. Second, according to the relevant provisions of the Contract Law, a legally established contract shall take effect upon its establishment. Where laws and administrative regulations stipulate that examination and approval, registration and other procedures shall be handled, such provisions shall prevail. Third, if part of a contract is invalid, but it does not affect the validity of other parts, the other parts of the contract shall be deemed valid. This formally illustrates the importance of the principle of unity of will and liberalism. Therefore, from the theoretical spirit that the essence of legal act is more important than form, the legal effect of artistic font signature is recognized. The validity of a contract is the binding force given by law to a legally established contract. The validity of contracts can be divided into four categories, namely, valid contracts, invalid contracts, contracts with undetermined validity, changeable contracts and revocable contracts. The validity of a contract can be divided into narrow sense and broad sense. In a narrow sense, the validity of a contract means that the contract is effectively established according to law and produces the legal effect expected by the parties. According to the construction logic of contract law, the conclusion of a contract is to standardize how the parties reach an agreement, and the effect of the contract is to further standardize the legal effect of the parties' agreement. Freedom of contract is the basic principle and soul of contract law. As long as the agreement between the parties does not violate the provisions of national laws, the will of the parties will have legal effect.
legal ground
People's Republic of China (PRC) Civil Code
Article 502 A lawfully formed contract shall become effective upon its formation, unless otherwise provided by law or agreed by the parties. In accordance with the provisions of laws and administrative regulations, if the contract should go through the approval procedures, such provisions shall prevail. If the failure to go through the formalities such as approval affects the effectiveness of the contract, it will not affect the performance of the obligation clauses such as approval and the effectiveness of relevant clauses in the contract. If the party that should go through the formalities for approval fails to perform its obligations, the other party may require it to bear the responsibility for violating its obligations. The modification, assignment and dissolution of a contract shall be subject to the provisions of laws and administrative regulations, and the provisions of the preceding paragraph shall apply and shall be subject to approval.
Article 143 A civil juristic act that meets the following conditions is valid: (1) The actor has corresponding capacity for civil conduct; (2) the meaning is true; (three) does not violate the mandatory provisions of laws and administrative regulations, and does not violate public order and good customs.