Legal analysis
Handwritten contracts should also be considered valid. Written form is the form of expressing the contents of the contract in words. The biggest feature of using written form is that it is easy to save, well documented, easy to provide evidence in case of disputes, convenient for the parties to claim their rights, and convenient for the court or arbitration institution to hear and decide. Therefore, for contracts with complex relationships and contracts with large amounts of money or remuneration, it is best for the parties to adopt written forms. In addition to the contract, there are data messages in the written contract. It embodies the requirements of modern science and technology, and this provision is advanced to some extent. Written forms are divided into general written forms and special written forms. Special written form refers to other procedures besides expressing the contents of the contract in words, such as notarization, approval and registration. Presumption means that the parties do not express their will directly in written or oral form, but through some behavior. For example, after the house lease contract expires, neither party proposes to terminate the contract, and the lessee continues to pay the rent, while the lessor continues to collect the rent. This means that both parties have extended the lease (but the lease has become indefinite). (Another example is that the two parties agreed to take effect after notarization, but began to perform without notarization, which means that the two parties abolished the "effective after notarization" clause by actual performance. )
legal ground
People's Republic of China (PRC) Civil Code
Article 135 A civil juristic act may be in written form, oral form or other forms; Where laws and administrative regulations stipulate or the parties agree to adopt a specific form, it shall adopt a specific form.
Article 490 Where the parties conclude a contract in the form of a contract, the contract is formed 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.