1. Is the electronic signature of the contract valid?
Contracts can be signed electronically. China recognizes electronic contracts and electronic signatures. For example, many banks now have electronic signatures. However, there are certain requirements and restrictions on electronic signature, so China has promulgated the electronic signature law.
The Electronic Signature Law stipulates that an electronic signature is considered reliable if it meets the following conditions:
(1) When the electronic signature production data is used for electronic signature, it belongs to the exclusive rights of the electronic signer;
(2) When signing, the electronic signature production data is only controlled by the electronic signer;
(3) Any changes to the electronic signature after signature can be found;
(4) Any changes to the content and form of the data message after signature can be found.
Second, what is the process of contract conclusion?
The process of concluding a contract is generally as follows:
1. One party makes an offer to conclude a contract;
2. If the offeree agrees to the offer, he can make corresponding commitments;
3. If the commitment takes effect, the contract is established.
4. A contract concluded in written form shall be signed and sealed by the parties.
Article 469 of the Civil Code, the parties may conclude a contract in written form, orally or in other forms.
Written form refers to contracts, letters, telegrams, telexes, faxes and other forms that can tangibly express the contents contained.
Remind you that the content can be expressed tangibly through electronic data exchange and e-mail. Data messages that can be retrieved at any time can be regarded as written forms.
3. Is it effective to sign a contract without fingerprints?
Yes, signing and fingerprinting have the same legal effect.
According to Article 490 of the Civil Code, if the parties conclude a contract in the form of a contract, the contract is established when the parties sign, seal or press their fingerprints. 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.