According to the provisions of China's Electronic Signature Law, when signing an electronic contract, if it is signed by a reliable electronic signature, it will have legal effect even if it is not fingerprinted.

Relevant laws and regulations

People's Republic of China (PRC) electronic signature method

Thirteenth electronic signatures meet the following conditions at the same time, as reliable:

(1) When the electronic signature production data is used for electronic signature, it belongs to the exclusive rights of the electronic signer;

(2) When signing, the electronic signature production data is only controlled by the electronic signer;

(3) Any changes to the electronic signature after signature can be found;

(4) Any changes to the content and form of the data message after signature can be found.

The parties can also choose to use electronic signatures that meet their agreed reliable conditions.

Article 14 A reliable electronic signature has the same legal effect as a handwritten signature or seal.

Legal consequences of defects in contract form

(1) General consequence: the contract is not established.

According to the usual theory, the way required by the essential contract is the essential condition of the contract. Article 36 of China's "Contract Law" stipulates: "A contract is concluded in written form as stipulated by laws and administrative regulations or agreed by the parties, but if one party has fulfilled its main obligations and the other party accepts it, the contract is established." This is an exception to the legal effect of written contracts. If we make a negative interpretation of this, we can think that a written contract is not established in principle if it should be adopted.

(2) Special consequences: the contract is invalid.

In China's original judicial practice, contracts that do not meet the legal requirements are often considered invalid. From the perspective of comparative law, the legislation of some civil law countries also stipulates that a contract is invalid without legal form. At present, China's contract law takes the form of a contract as an important condition for the establishment of a contract in principle.

However, the second paragraph of Article 44 of the Contract Law also stipulates: "If the laws and administrative regulations stipulate that approval, registration and other procedures shall take effect, such provisions shall prevail." This is because some laws and administrative regulations have taken the form of a contract as an effective element of a contract. For example, Article 4 1 of the Guarantee Law stipulates: "If a party mortgages the property specified in Article 42 of this Law, it shall register the mortgaged property, and the mortgage contract shall take effect from the date of registration." This kind of regulation is special and has been criticized by the legal profession.

(3) Other special consequences

In addition to the above legal effects, there may be other special consequences. For example, Article 2 15 of the Contract Law stipulates that if the lease term is more than six months, it shall be in written form. If the parties fail to adopt a written form, it shall be regarded as an indefinite lease.

(4) cured by performance.

Article 36 of the Contract Law stipulates that a contract shall be concluded in written form in accordance with the provisions of laws and administrative regulations or the agreement of the parties. If the parties have not concluded a contract in writing, but one party has fulfilled its main obligations and the other party has accepted it, the contract is established. The so-called "performance" in this paper should only be understood as "submission for performance". One party submits performance, indicating that it acts in accordance with the requirements of contractual obligations; The acceptance of the other party can show its affirmation of the contract. Based on the principle similar to the Anglo-American principle of estoppel, the donee cannot go back on his word.

The above knowledge is Bian Xiao's answer to relevant legal questions. According to the provisions of China's Electronic Signature Law, when signing an electronic contract, if it is signed by a reliable electronic signature, even if the fingerprint is not pressed, it has legal effect. Readers who need legal help are welcome to seek legal advice.

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The Civil Code came into force on 202 1 1, and the Marriage Law, Inheritance Law, General Principles of Civil Law, Adoption Law, Guarantee Law, Contract Law, Property Law, Tort Liability Law and General Principles of Civil Law were abolished at the same time. If you are involved in contract issues stipulated in civil law #

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