According to Article 490 of the Civil Code implemented by 202 1, 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.
What stamp should be affixed to the purchase and sale contract?
Commercial housing sales contracts are concluded by buyers and sellers, and developers or agents as sellers are generally enterprises. Therefore, enterprises should be stamped with the corporate seal, signed by the legal representative or privately engraved with the corporate seal. In addition to the official seal of the enterprise, the corporate seal is also allowed.
The legal significance of the company's special seal for contract: For the parties to a contract, affixing the special seal for contract marks the completion of the stage of offer and commitment and the final confirmation of the rights and obligations of both parties, thus confirming that the contract is legally binding on both parties through negotiation, and the parties should exercise their rights and perform their obligations according to the contract. In this regard, Article 490 of the Civil Code clearly stipulates that if the parties conclude a contract in the form of a contract, it shall be established when both parties sign or seal it.
legal ground
Article 490 of the Civil Code of People's Republic of China (PRC)
If the parties enter into a contract in the form of a contract, the contract shall be 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.