Legal analysis
The validity of a contract shall meet the following conditions: (1) the parties must reach an agreement on a voluntary and true basis; (two) the parties should have the corresponding capacity; (3) The subject matter and contents of the contract must be legal; (4) The form of the contract must meet the requirements stipulated by law. Legal characteristics of the contract: 1. A contract is a legal act of both parties. That is, two or more parties need to express their will to each other (meaning expression is an act of expressing their will that can produce civil legal effect). Both parties must reach an agreement on the expression of will, that is, the expression of will should be consistent. 3. The contract aims at the occurrence, alteration and termination of civil legal relationship. 4. A contract is an agreement reached by the parties under the condition of meeting the requirements of legal norms, so it should be a legal act. Once the contract is concluded, it has legal effect immediately, and there is a relationship of rights and obligations between the two parties; Or change or eliminate the original civil legal relationship. If one or both parties fail to perform their obligations under the contract, they will be liable for breach of contract according to the contract or the law. The established contract can only take legal effect if it meets the conditions stipulated by law. These conditions, that is, the conditions for the validity of the contract, are the criteria for judging whether the contract has legal effect. Because the main function of contract law is to encourage transactions and promote the development of transactions, it requires that the contract law should not be too harsh on the effective elements of contracts, such as improperly raising the requirements for ability.
legal ground
People's Republic of China (PRC) Civil Code
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 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.