legal ground

As long as the requirements for the entry into force of the contract are met, the initial contract also has legal effect. The entry into force of a contract generally requires the following conditions:

1. Both parties to the contract have corresponding civil capacity.

2. Both parties to the contract indicated that there was no fraud or coercion.

3. The contents of the contract do not violate the mandatory provisions of laws and regulations and do not harm the public interest.

Therefore, the following matters should be paid attention to when signing the contract:

First of all, we must verify the subject qualification of the other party.

Secondly, we should pay attention to the form of the contract. The contract must be signed in writing; If a contract is concluded by oral, letter or data message, a confirmation letter must be signed and sealed; Signing the contract should explain the background of the contract.

Finally, the necessary clauses of the contract should be specific and clear, including: (1) the name and domicile of the parties; (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.

legal ground

Article 143 of the Civil Code of People's Republic of China (PRC), implemented from 202 1 to 1.

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.

Three. Matters needing attention in initialling the contract

In order to reduce disputes and avoid unnecessary economic losses, the contract legal personnel remind you to pay attention to the following aspects when signing a contract:

(a) strictly review the effectiveness of the main contract

The deposit contract is a subsidiary contract of the main contract. If the main contract is invalid, the deposit contract is invalid. Therefore, we should pay attention to the validity of the main contract when signing the deposit contract to ensure the validity of the signed deposit contract.

(2) Signing a written deposit contract.

The main purpose of signing a written deposit contract is to prove the existence of the deposit contract, avoid disputes over the deposit contract, help to divide responsibilities after disputes and provide basis. Both parties to the contract should make a written agreement on the deposit, especially how to deal with the deposit in case of violation of the terms of the main contract or supplementary contract.

(3) The deposit amount shall be agreed within 20% of the contract amount.

The use of the deposit must master the legal provisions on the amount of the deposit, otherwise part of the deposit will be invalid.

(four) agreed in the contract to pay the deposit time and time limit.

The deposit contract is a practical contract and takes effect from the date when the deposit is actually paid. The term of deposit delivery is the time limit for the performance of the deposit contract, and it is the most basic clause of the deposit contract, which can prevent disputes arising from the delay of deposit delivery and unclear delivery period.

(five) in the process of contract performance, pay attention to the collection and preservation of relevant evidence.

It is the responsibility of the parties to provide evidence to prove the facts on which their claims are based or to refute the facts on which the other party's claims are based. Evidence may be the key to the success or failure of a lawsuit. Whether in the down payment contract or in the performance of the main contract, relevant evidence, contracts, bills of lading, etc. It may become favorable evidence in dispute. Therefore, it is necessary to enhance the awareness of evidence and pay attention to collection and proper preservation at any time.

In a word, initialling a contract usually paves the way for a formal contract and certifies the terms of the formal contract. As long as the parties agree to the initialled contract and it is signed or sealed by both parties, it can take effect. In a formal contract, there is no question of denying its effectiveness. The initialled contract should also have the necessary legal effect to ensure the rights and interests of both parties.