Current location - Quotes Website - Signature design - Is it valid if the contract is only stamped with the official seal and no one can sign and seal it?
Is it valid if the contract is only stamped with the official seal and no one can sign and seal it?
if there is no special agreement in the contract, the signature of the legal representative of the other company, the official seal of the other party and the contract seal of the other party have the same effect.

legal analysis

generally speaking, a contract is valid as long as it is the true intention of both parties. The absence of seal is only a procedural matter, but the absence of seal 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. It should be noted that there are the following situations in which the contract is not signed or sealed, and the effect should be determined according to the specific circumstances: the first is that only one party has signed or sealed the contract, and if one party (whether it is the signing or sealing party) fulfills the main obligations of the contract and is accepted by the other party, the contract is established, regardless of whether the receiving party has fulfilled its due obligations; The second is that only one party has signed or sealed the contract. If one party (whether it is the signing or sealing party) performs the main obligations of the contract but is not accepted by the other party, the contract is not established; The third is that only one party has signed or sealed the contract, but both parties have not fulfilled the main obligations of the contract, and the contract is not established; The fourth is that both parties have not signed or sealed the contract, but one party has fulfilled its main obligations and is accepted by the other party, and the contract is established, regardless of whether the recipient has fulfilled its due obligations; The fifth is that both parties have not signed or sealed the contract, and if one party has fulfilled its main obligations but is not accepted by the other party, the contract is not established; The sixth is that neither party has signed or sealed the contract, and neither party has fulfilled the main obligations of the contract, so the contract is not established.

legal basis

article 49 of the civil code of the people's Republic of China * * * if the parties conclude a contract in the form of a contract, the contract shall be formed when all 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 writing as stipulated by laws and administrative regulations or agreed by the parties. If the parties fail to do so in writing, but one party has fulfilled its main obligations and the other party accepts it, the contract is established.