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 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 has to sign or seal it; When a legal person or other organization concludes a contract, it is generally signed by the legal representative of the legal person or the person in charge of other organizations or stamped with the official seal of the unit.

Legal analysis

If there is a clear clause in the agreement that it will take effect after being sealed, but only the legal representative signs it without an official seal, the agreement will not take effect for the time being. If there is no such clause that comes into effect after being sealed, the agreement will come into effect when both parties have the signatures of legal representatives and no official seals. The entry into force of the contract means that the established contract has certain legal binding force between the parties, which is usually called legal effect. The establishment and entry into force of a contract are often closely linked. The purpose of concluding a contract is to make the contract binding, so as to realize the rights and interests stipulated in the contract. If the contract fails to take effect, it will become a dead letter, and the parties will lose the purpose of concluding the contract. It is generally believed that the following conditions should be met: 1, and the contracting parties should be two or more parties; 2. There are two stages or processes of offer and acceptance stipulated by law; 3. Expression of intention to reach an agreement on the main terms (in some cases, some form is needed as the carrier of expression). In addition, for an actual contract, the actual deliverable should also be regarded as a requirement for establishment. If the above conditions are met, the contract can be established. As for the validity of the established contract, it depends on whether it is established according to law. As long as it is a legally established contract, it should be valid.

legal ground

Article 490 of the Civil Code of People's Republic of China (PRC): If the parties conclude a contract in the form of a contract, the contract is concluded when the parties sign, seal or fingerprint it. 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.