1. When an enterprise signs a contract with an external party, it must be signed by the legal representative or his authorized person to take effect.
2. One of the following two conditions must be met to sign a contract. The contract will be legally effective after expiration according to the time stipulated in the contract:
1. Legal representative of Party A and Party B. Signed and stamped with the official seal of the legal person, the contract is legally valid. If the legal representative of one or both parties signs it (that is, the legal representative does not sign, but only affixes the seal or private seal of the legal representative) and affixes the official seal of the legal person, if Party A and Party B do not have explanatory words as supplementary elements of the contract, it is legally necessary to The contract is void.
2. Party A and Party B must authorize their agents to sign, or one of the parties shall authorize their agents to sign, and the other party’s legal representative shall sign and affix the official seal of the legal person, and the party authorizing the agent’s signature must issue a legal person authorization letter from the agent. Or authorization certificate, and the original identity certificate of the agent or the agent’s identity introduction letter issued by the legal person must be presented at the same time.
And the agent’s authorization letter or authorization certificate and the agent’s identity certificate or identity recognized by the legal person The original letter of introduction or a copy with the official seal of the legal person must be used by the other party as an attachment to the contract for the contract to be legally valid.
Extended information:
Parties
Article 2 of the "Contract Law" stipulates: "The contract referred to in this law is an equal subject of natural persons, legal persons, other Agreements for the establishment, modification, and termination of civil rights and obligations between organizations. "Article 9 of the "Contract Law" stipulates: "The parties shall have corresponding civil rights and civil conduct capabilities when entering into a contract."
" According to the law, an agent may be entrusted to conclude a contract. "According to this provision, the parties to a contract must be natural persons, legal persons or other organizations with corresponding civil rights and civil conduct capabilities.
1. Civil rights capacity of the parties Civil rights capacity refers to the qualifications of civil subjects to enjoy civil rights and bear civil obligations in accordance with the law. The capacity for civil rights is conferred on civil subjects by law.
Article 9 of the "General Principles of the Civil Law" stipulates: "From the time of birth to the time of death, a citizen has the capacity for civil rights, enjoys civil rights and assumes civil obligations in accordance with the law."
The "General Principles of the Civil Law" "Article 36 stipulates: "The civil rights capacity and civil conduct capacity of a legal person arises from the establishment of the legal person and ceases when the legal person is terminated." The civil rights capacity of other organizations, the same as that of legal persons, begins with the establishment of the organization and ends with the organization. Termination of organization.
2. Civil conduct capacity of the parties Civil conduct capacity refers to the qualification of a civil subject to obtain civil rights and bear civil obligations through his own actions. The capacity for civil conduct of a natural person is not consistent with the capacity for civil rights. A natural person with the capacity for civil rights does not necessarily have the capacity for civil conduct.
Based on the age, intelligence and mental status of citizens, the "General Principles of the Civil Law" divides the civil capacity of natural persons into three types: full capacity for civil conduct, limited capacity for civil conduct, and no capacity for civil conduct.
According to the provisions of Article 2 of the Contract Law, natural persons, legal persons, and other organizations can enter into contracts. A natural person who is over 18 years old and has normal mental and intellectual status has full capacity for civil conduct and can independently conclude a contract; a natural person who is over 16 years old and whose main source of livelihood is his own labor income is regarded as a person with full capacity for civil conduct and can also Independent Contracting.
"Contract Law of the People's Republic of China":
Contract conclusion:
It refers to the agreement between the parties to the contract on the basis of equality and voluntariness. agreed on the main terms.
From a legal perspective, contract formation can be divided into two stages: offer and acceptance.
1. There are two or more parties involved in the contract. The contracting subject can be a future contract party or an agent.
2. The parties to the contract have reached agreement on the main terms. (Regarding the mirroring rule) If the offeree's reply to an offer is slightly different from the original offer, the reply is not a valid offer but a counter-offer. But the mirroring rule is being met with growing skepticism.
3. The establishment of a contract requires two stages: offer and acceptance
Baidu Encyclopedia - Contract Formulation