Under normal circumstances, when individuals, companies and enterprises sign a contract, they often need to sign and seal the contract to show that the contents of the contract are recognized by both parties. Then, is it valid to sign the contract without stamping it? What are the conditions of a valid contract? In view of these problems, Bian Xiao will briefly introduce relevant knowledge for you.
1. Is the contract valid if it is signed without seal?
Generally speaking, a contract is valid as long as it is the true intention of both parties. Failure to stamp is only a procedural matter, but failure to stamp cannot deny the validity of the contract itself.
Unless otherwise specified, for example, a contract without seal is invalid, or a contract without company seal is invalid.
In trading activities, "signature and seal" is the basic requirement of many laws. Article 490 of China's Civil Code (Effective) stipulates: "If the parties conclude a contract in the form of a contract, the contract is established when both parties sign or seal it." However, there are no regulations on the seal of the contract and how to seal it. At the same time, the civil code mainly stipulates the seal of the contract in the conclusion of the contract, which gives people the impression that the seal of the contract is only related to the establishment of the contract and has nothing to do with the validity of the contract. In fact, the confirmation of the validity of the contract is based on the establishment of the contract. Therefore, the issue of contract seal is directly related to the effectiveness of the contract.
Second, what are the conditions for the validity of the contract?
The question of how to sign a contract is actually a question of the effective elements of the contract. According to the relevant provisions of the Civil Code, the entry into force of a contract includes general entry into force and special entry into force.
1, general elements of the contract:
Refers to the general conditions of contract effect. Any contract can only be valid and established according to law if it has general effective elements; According to Article 143 of the Civil Code, 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.
2. Special requirements for the validity of the contract:
It refers to the condition that a contract must have special elements in addition to the general effective elements. The special entry-into-force requirements of contracts are only the special requirements for the entry-into-force of some contracts stipulated by laws and administrative regulations, and are not universal;
The second paragraph of Article 502 of the Civil Code stipulates: "Where laws and administrative regulations stipulate that approval, registration and other procedures are required to take effect, such provisions shall prevail."
After reading the above article, do you understand that the contract is valid only if it is signed and not stamped? As can be seen from the above, the contract is valid as long as it is the true meaning of both parties. If you are not sure whether the contract you signed with others has legal effect, you can log in and consult a professional lawyer to avoid unnecessary troubles caused by defects in the effectiveness of the contract.