First, how to deal with the wrong chapter of the contract?
This contract is stamped with the wrong seal. It is suggested to re-sign the recycling contract with the correct name or official seal.
However, it should be noted here that if the contract with the wrong seal has actually fulfilled its contractual obligations, it will not affect the effectiveness of the contract.
According to Article 490 of the General Principles of the Civil Law, 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.
Second, the types of contract forms
1. Written form
(1) contract
A contract is a document containing the terms of the contract and signed or sealed by both parties. It is the most typical and important written form.
(2) Letters
Letters that can be used as contract formats in the civil code are different from letters that are often used in daily life. The letter here must contain the terms of the contract and can be used as evidence to prove the contractual relationship and the contents of the contract.
(3) Telegrams, telexes and faxes
Telegraph, telex and fax are typical written forms, which are different from data messages. They can tangibly express the contents in a written carrier.
(4) Data message
Electronic data interchange or email. A data message must meet two conditions before it can be regarded as a written form: it must be able to express its content tangibly; It must be ready to be investigated.
2. Oral form
The parties conclude a contract through oral dialogue.
3. Other forms
Also known as implied form, the parties do not express their meaning in language or words, but only make an offer to the other party by behavior, and the other party makes a promise through certain behavior, thus making the contract established.
Third, fulfill the treatment rules.
The so-called performance remedy rule refers to the lack of statutory or agreed formal requirements in a contract, which makes up for the defects of the contract due to the performance of the parties and makes the original invalid contract become a valid contract.
To promote the establishment of the contract through actual performance, the following conditions must be met:
1. One party must fulfill its main obligations.
2. The other party must accept the performance unconditionally and raise no objection.
The above details how to deal with the wrong seal of the contract for you. Accordingly, it is suggested to reclaim the contract and re-sign the correct name or official seal.