The form of a contract refers to the desirable appearance methods and means as the content of the contract, and is the external expression of the parties to the contract. The parties may conclude a contract orally or in writing. The oral form of a contract refers to the form of a contract in which the parties only express their intention to conclude a contract in oral language, rather than expressing the contents of the agreement in words. The advantage of oral form is convenience and quickness, but the disadvantage is that it is difficult to obtain evidence and distinguish responsibility when a contract dispute occurs.

The oral form is applicable to the contractual relationship that can be settled immediately. Written form means that the parties conclude a contract in various forms that can tangibly express the content, such as contract form or data message form such as telegram, telex and e-mail. Written form is conducive to transaction security, and important contracts should be in written form. Written form can be divided into the following forms:

1. Both parties reach a written agreement on the main terms of the contract through consultation, which shall be signed and sealed by the legal representatives of both parties or their authorized persons;

2. Format contract;

Letters, telegrams and telexes exchanged by both parties are also part of the contract.

Notarization is a contract form in which the parties concerned or in accordance with the law, the contents of the contract are examined and notarized by the national notary office. The general notary office is based on the written form of the contract. After examining and confirming the authenticity and legality of the contract, it will affix a notary seal to the contract to prove it. A notarized contract has the most reliable evidential effect, and the parties cannot overturn it unless they have evidence to the contrary. The law adopts the principle of voluntariness in contract notarization. Whether a contract needs notarization is generally agreed by the parties themselves. A contract that the parties require notarization must be notarized, and it will not take effect without notarization. However, for some important contract types, the law can also stipulate that notarization must be carried out, and both the parties and the law can give the notarized form of the contract evidence effect or establishment effect.

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.