1. Oral agreement and other forms of evidence

In the absence of a written contract, if there is an oral agreement between the two parties, or there are other forms of evidence, such as chat records and transfer records, these can be used as the basis to prove the existence of the investment relationship. These evidences can help investors prove their rights and interests, and then demand the return of investment funds.

II. Legal provisions on partnership investment

According to the relevant provisions of the Partnership Enterprise Law of the People's Republic of China, partners should sign a written partnership agreement. However, this does not mean that a partnership cannot be proved without a written agreement. In practice, the court will judge whether the partnership is established according to the specific circumstances. If the court finds that the partnership exists, then the investor has the right to demand the return of the investment funds.

III. Ways to recover the investment funds

If investors think that their rights and interests have been infringed, they can recover the investment funds through legal channels. Specifically, you can bring a lawsuit to the court to confirm the existence of the partnership and demand the return of the investment funds. In addition, we can try to settle disputes through mediation and arbitration.

It should be noted that even if there is oral agreement or other forms of evidence, investors may still face certain difficulties in the process of recovering investment funds. Therefore, when making a partnership investment, it is suggested that both parties sign a written contract to clearly stipulate the rights and obligations of each party in order to avoid disputes.

To sum up:

Whether the partnership investment can get the money back without signing the contract depends on the evidence and legal provisions between the two parties. If there is oral agreement or other forms of evidence to prove the existence of the investment relationship, investors can demand the return of the investment funds through legal channels. However, in order to avoid disputes and reduce risks, it is suggested to sign a written contract when making partnership investment.

Legal basis:

Article 14 of the Law of the People's Republic of China on Partnership Enterprises

stipulates that:

The partnership agreement shall come into effect after being signed and sealed by all partners. Partners shall enjoy rights and perform obligations in accordance with the partnership agreement.

the modification or supplement of the partnership agreement shall be unanimously agreed by all partners; However, unless otherwise agreed in the partnership agreement.

Matters not stipulated or clearly stipulated in the partnership agreement shall be decided by the partners through consultation; If negotiation fails, it shall be handled in accordance with the provisions of this Law and other relevant laws and administrative regulations.

The Contract Law of the People's Republic of China

(Note: The Contract Law of the People's Republic of China has become invalid and is now replaced by the Contract Edition of the Civil Code of the People's Republic of China, but the following clauses are still of reference significance)

Article 1 stipulates:

The parties conclude a contract in written form and orally.

if written form is required by laws and administrative regulations, it shall be adopted. If the parties agree to use written form, it shall be in written form.