Current location - Quotes Website - Signature design - Does the contract signature not take effect according to the fingerprint?
Does the contract signature not take effect according to the fingerprint?
It depends on the specific content of the contract and the true wishes of both parties. In most cases, as long as the contract signature is true and valid, even if the fingerprint is not used, the contract is legally binding.

First, the legal effect of contract signing

The signing of a contract is one of the important elements of the establishment of a contract, which represents the true will and commitment of both parties to the contract. According to the Contract Law of People's Republic of China (PRC), if the parties conclude a contract in the form of a contract, the contract will be established when both parties sign or seal it. Therefore, as long as the signature is true and it is not carried out by illegal means such as fraud or coercion, then the contract is valid.

Second, the role of fingerprints in the contract

Handprint may be regarded as a special way of confirmation in some places and cultures, but in the modern legal system, handprint is not a necessary condition for the contract to take effect. Unless it is clearly stipulated in the contract that fingerprinting is required to take effect, otherwise, not fingerprinting will not affect the legal effect of the contract.

Three. Legitimacy of contract content

In addition to signature and handprint, the content of the contract is also a key factor to determine whether it will take effect. The contents of the contract must be legal and compliant, and do not violate the mandatory provisions of national laws and regulations. If the contents of the contract are illegal and irregular, even if the signature and handprint are complete, the contract is invalid.

Fourth, the true wishes of both parties to the contract.

The signing of the contract must be based on the true wishes of both parties, and neither party can be influenced by illegal means such as fraud or coercion. If you sign against your will, the contract may be invalid even if you press your handprint.

To sum up, whether the signature of the contract comes into effect mainly depends on the specific content of the contract and the true wishes of both parties. As long as the signature of the contract is true and valid, the content of the contract is legal and compliant, and both parties have the same true will, then even if the handprint is not used, the contract is legally effective.

Legal basis:

Contract law of the people's Republic of China

Article 32 provides that:

If the parties conclude a contract in the form of a contract, the contract shall be established when both parties sign or seal it.

Contract law of the people's Republic of China

Article 52 provides that:

In any of the following circumstances, the contract is invalid:

(1) One party enters into a contract by means of fraud or coercion, which harms the interests of the state;

(2) Malicious collusion that harms the interests of the state, the collective or a third party;

(3) Covering up illegal purposes in a legal form;

(4) damaging the public interest;

(5) Violating the mandatory provisions of laws and administrative regulations.