As long as the true intentions of both parties are valid, the original loan contract will be invalid due to the newly signed contract, which can be stated in the newly signed contract.
According to Article 35 of the Contract Law, if the parties conclude a contract in the form of a contract, the contract shall be established when both parties sign or seal it. As far as the parties concerned are concerned, they are nothing more than natural persons, legal persons and other organizations. When a natural person concludes a contract, the natural person who concludes the contract generally signs or stamps his or her name; when a legal person or other organization concludes a contract, the legal representative of the legal person or the person in charge of another organization generally signs or stamps the official seal of the unit.
Our country’s Contract Law does not clearly stipulate what seals legal persons and other organizations should affix. In reality, there are many types of official seals for legal persons and other organizations, including contract seals, financial seals, administrative seals, and official seals of various departments. Generally speaking, special contract seals and administrative seals can be used as contract seals. As for the effectiveness of special financial seals and official seals of various departments, it depends on the specific situation. If it is only to prove such things as the amount of arrears (inter-enterprise statements), etc. For financial issues, the financial chapter is also valid.
It is worth noting that Article 23 of the "Contract Law" stipulates that signature or seal is an optional relationship, which means either signature, seal, or both signature and seal. These three situations The meaning for the establishment of a contract is the same. When actually signing a contract, people often pay attention to the role and significance of the seal. Some even think that the seal is more important than the signature. In fact, this is a misunderstanding.
The use of a seal (i.e. sealing) is equivalent to the signature of the seal owner (i.e. the person in charge of the seal), and the effectiveness of the seal is equal to the effectiveness of the signature. The reason why a seal has a certification function is that it can replace a signature and can be used repeatedly to replace a signature, and sometimes it can save labor. Since a seal is easily forged, and the nominal owner of the seal (i.e. the owner of the seal whose name is represented by the seal) is easily separated from the actual controller, the probative power of a seal is essentially lower than that of a signature. force.
We should pay more attention to signatures in transaction activities, because the certainty of the connection between the signature and the signer is much greater than the connection between the seal and the nominee of the seal. The other party only needs to sign in person. To a considerable extent, the validity and probative power of their signatures are guaranteed.