1. Is a contract valid without a signature date?
If the signed contract has no date, it means that the contract without date is valid, otherwise the contract is invalid. A contract is an agreement between natural persons, legal persons and other organizations with equal subjects to establish, change and terminate the relationship of civil rights and obligations.
According to Article 470 of the Civil Code of People's Republic of China (PRC), which came into effect on 202 1, the contents of the contract are agreed by the parties, and generally include the following clauses:
(1) The name and domicile of the party concerned;
(2) Subject matter;
(3) quantity;
(4) quality;
(5) Price or remuneration;
(6) Time limit, place and method of performance;
(7) Liability for breach of contract;
(8) Methods for resolving disputes.
The parties may conclude a contract by referring to the model texts of various contracts.
Second, whether a written contract is valid without signature.
A contract is an agreement between natural persons, legal persons and other organizations with equal subjects to establish, change and terminate the relationship of civil rights and obligations. There is a difference between an oral contract and a written contract. If a written contract is required by laws and regulations, the parties must abide by it, otherwise the contract will be invalid.
After the two parties have fully negotiated and reached an agreement on the contents of the contract and related matters, they should generally follow the final agenda, that is, both parties sign or seal the contract. Without the signatures or seals of both parties, it is impossible to finally confirm that the parties have reached an agreement on the contents of the contract, nor can it prove that the contract is valid. For this reason, Article 490 of China's Civil Code stipulates: "If the parties conclude a contract in the form of a contract, the contract is established when both parties sign or seal it."
However, the signature or seal of both parties is only a matter of form, and the true meaning of the parties should be investigated in essence. If a contract concluded in the form of a contract has been performed, but it has not been signed and sealed, it is considered that the contract is not established and violates the true meaning of the parties. Therefore, the Civil Code stipulates: "When a contract is concluded in the form of a contract, one party has fulfilled its main obligations before signing or sealing, and the other party accepts it, the contract is established." In the event of a dispute, one party can no longer consider the contract invalid because it has not been signed and sealed.
3. Does the unsigned contract take effect?
Unsigned contracts generally do not take effect, but unsigned contracts take effect when one party fulfills its main obligations and the other party accepts them. One party actually fulfilled the contractual obligations, and the other party accepted them, indicating that both parties have a * * * understanding of the contents of the contract, so the contract was established.
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.
The above is about whether the contract is valid without a signing date. I believe that through the above introduction, everyone should have a further understanding of whether the contract without the signing date is valid or not. If you have any other legal questions, please consult a lawyer in time.