Legal subjectivity:

1. Does the electronic lease contract have legal effect?

According to the provisions of the Civil Code, electronic contracts are a form of contract. If a contract is established in accordance with the law, it will have legal effect and be legally binding.

Article 490 of the "Civil Code": If the parties conclude a contract in the form of a contract, the contract is established when both parties sign, seal or fingerprint. Before signing, sealing or fingerprinting, one party has performed its main obligations and the contract is established when the other party accepts it.

Laws, administrative regulations or the parties agree that a contract should be concluded in writing. If the parties do not do so in writing but one party has performed its main obligations and the other party accepts it, the contract is established.

2. Is the lease automatically renewed after the lease contract expires?

At this stage, there are no legal provisions in my country that automatically renew the lease after the lease contract expires.

A rental contract is actually a type of lease contract, and it is also the most common type of lease contract today. In practice, after the lease contract expires, the tenant (lessee) continues to use the house (leased property), and the landlord continues to collect rent without objection. Many people think that the lease contract has been automatically renewed, but this is not true.

According to the provisions of the Civil Code, if the lease contract expires and is not renewed, the original contract will be valid and the lease period will become indefinite. This is the legal basis for the tenant to continue renting and paying rent, but this is obviously different from renewing the lease contract.

If the lease contract expires and is not renewed, the original contract will continue to be valid, but the lease period will be indefinite. In other words, both parties to the lease can stop renting at any time after giving the other party a reasonable amount of time. When renewing a lease contract, the contract period is fixed, and both parties can breach the contract without authorization, otherwise both parties can hold the other party accountable for breach of contract. For example, if the lease is renewed for 3 years, then the landlord has to rent without the tenant's consent. Otherwise, the tenant can pursue legal measures and require the landlord to continue renting and compensate for losses.

It can be seen that it is very important to renew the lease contract, at least you will not be kicked out at will. Of course, if you do not renew the lease contract and do not want to continue renting after the lease contract expires, you can stop renting at any time as long as you notify the landlord in time.

3. What are the precautions when signing a contract?

(1) Verify and confirm the subject qualifications of the other party: If the other party is a natural person, verify, copy and save his or her identity document; If it is a legal person, it is necessary to go to the industrial and commercial department to check its industrial and commercial information, or conduct an on-site inspection; in addition, it is necessary to verify (to verify that it is correct) whether the contracting party is authorized by the company where it works; when signing a contract, it must be stamped with the official seal of the other party's company and a contract-specific document. Chapter;

(2) Contract form:

1. It must be in written form;

2. If the contract is concluded orally, in letters, or in the form of data messages, The confirmation letter must be signed and stamped;

3. The back-signed contract must indicate the background of the contract;

(3) The necessary terms of the contract must be clear and specific:

1. The names of the parties must be true and consistent;

2. The subject matter, quantity, quality, price, etc. of the contract must be specific and clear;

3. The method and time limit of performance must be determined ;

4. Liability for breach of contract must be quantified as liquidated damages or determine the calculation method for liquidated damages;

5. Agree on dispute resolution methods.

According to the provisions of the Civil Code, electronic contracts are a form of contract, so if they are established in accordance with the law, they will have legal effect and are legally binding. Legal objectivity:

Article 143 of the "People's Republic of China and Civil Code"

Civil legal acts that meet the following conditions are valid:

(1) The actor has the corresponding civil capacity;

(2) The intention is true;

(3) It does not violate laws and administrative regulations Mandatory regulations that do not violate public order and good customs.

"Civil Code of the People's Republic of China"

Article 469

The parties may conclude a contract in written form, oral form or other forms.

Data messages that can tangibly express the content through electronic data exchange, email, etc., and can be retrieved at any time, are deemed to be in written form.

"People's Republic of China and Civil Code"

Article 703

The lease contract means that the lessor delivers the leased property to the lessee for use, Proceeds, a contract under which the lessee pays rent.

"People's Republic of China and Civil Code"

Article 704

The content of the lease contract generally includes the name, quantity, and Terms such as purpose, lease term, rent and its payment term and method, maintenance of the leased property, etc.