Legal analysis
Specifically, the premise of the contract's effectiveness is that the contract is established, and there are many conditions for the contract to be established, such as whether the subject who signed the contract is true, specific and entitled, whether the two parties who signed the contract expressed their true meaning, and so on. If the subject of the contract is unauthorized agency, then it is likely that the contract is invalid, but this is not absolute. If the main body of the contract is agency by estoppel, for example, taking a blank contract with a company seal to make others think that they have the right of agency, it is also necessary to judge whether the contract can be established according to the specific circumstances. It's also interesting to say, if one or both parties have false expression of intention, fraud, coercion, etc. to the contract. Then the contract will be difficult to establish. Secondly, the establishment of a contract may not necessarily take effect. For example, if the contents of a contract violate the prohibitive provisions of the law, such a contract may not take effect. For example, signing a contract for the sale of human organs is prohibited by law and the contract is invalid from the beginning. If there is no problem with the content, subject and time of the contract, it depends on whether the contract embodies fairness. If it is a standard contract, one party of the customized contract is exempted from its own obligations and the other party's obligations and responsibilities are increased. Is there any corresponding reminder? These are the basis for judging whether the contract is valid, and these are also a kind of thinking. For reference only.
legal ground
People's Republic of China (PRC) Civil Code
Article 469 The parties may conclude a contract in writing, orally or in other forms.
Written form refers to contracts, letters, telegrams, telexes, faxes and other forms that can tangibly express the contents contained.
Article 469 The parties may conclude a contract in writing, orally or in other forms.
Written form refers to contracts, letters, telegrams, telexes, faxes and other forms that can tangibly express the contents contained.
Article 470 The contents of a contract shall be agreed upon by the parties, and generally include the following clauses:
(1) The name and domicile of the party concerned;
(2) Subject matter;
(3) quantity;
(4) quality;
(5) Price or remuneration;
(6) Time limit, place and method of performance;
(7) Liability for breach of contract;
(8) Methods for resolving disputes.
Article 490 Where the parties conclude a contract in the form of a contract, the contract is formed 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.
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.
Article 496 Standard Terms were drafted in advance by the parties for reuse, and there was no consultation between the parties when concluding the contract.
Where a contract is concluded by standard terms, the party providing the standard terms shall follow the principle of fairness to determine the rights and obligations between the parties, and take reasonable measures such as exempting or lightening their responsibilities to remind the other party of the terms that have a significant interest in them, and explain the terms according to the requirements of the other party. If the party providing the standard terms fails to perform the obligation of prompting or explaining, so that the other party fails to pay attention to or understand the terms of which it has a significant interest, the other party may claim that the terms will not become the content of the contract.