1. Whether to stamp or sign first has no substantial influence on the effectiveness of the contract. As long as it is the true intention of both parties, the content is legal and valid and does not violate existing laws and regulations. If you stamp first and then sign, the words will be superimposed on the seal. Words can be changed, especially dates. Therefore, it is generally signed, dated and stamped first.
2. Legal basis: Article 143 of the Civil Code of People's Republic of China (PRC).
A civil juristic act that meets the following conditions is valid:
(1) The actor has corresponding capacity for civil conduct;
(2) the meaning is true;
(three) does not violate the mandatory provisions of laws and administrative regulations, and does not violate public order and good customs.
Article 144
A civil juristic act carried out by a person without capacity for civil conduct is invalid.
Article 490
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.
Second, what conditions need to be met to form a contract?
1, the parties have corresponding capacity for civil conduct;
2. The intention of the parties is true;
3, does not violate the law or social public interests;
4. The subject matter of the contract must be definite and possible. The possibility of the subject matter of the contract means that the contract payment may be realized. The determination of the subject matter of the contract means that the subject matter of the contract is determined or can be determined from the beginning.