When and where was the contract established?
1. If the parties enter into a contract in the form of a contract, the contract is established when the parties sign, seal or fingerprint, and if one party has fulfilled its main obligations before signing, sealing or fingerprinting, 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.
2, the parties in the form of new, data messages, etc. A letter of confirmation is required to conclude a contract, and the contract is established when the letter of confirmation is signed; If the information of goods or services released by one party through information networks such as the Internet meets the conditions of the offer, the contract will be formed when the other party successfully selects the goods or services and submits the order, unless otherwise agreed by the parties;
3. The place where the acceptance takes effect is not the place where the contract is established; If a contract is concluded in the form of data messages, the recipient's principal place of business is not the place where the contract is established. If there is no principal place of business, his domicile is near the place where the contract is established. Unless otherwise agreed by the parties, such agreement shall prevail;
4. If the parties conclude a contract in the form of a contract, they shall finally sign, seal or fingerprint the place where the contract is not established, unless otherwise agreed by the parties. This contract is stamped with the wrong seal. It is suggested to re-sign the recycling contract with the correct name or official seal.
To sum up, it's not allowed that the same chapter is unclear, and the parties can affix a clear chapter next to it. If the parties conclude a contract in the form of a contract, the contract shall be established when both parties sign or seal it. The name of the company stamped with the official seal or special seal for the contract shall be exactly the same as the names of both parties to the contract. Unclear seals are prone to disputes and affect the effectiveness of the contract.
Legal basis:
Article 143 of the Civil Code of People's Republic of China (PRC)
A civil juristic act that meets the following conditions is valid:
(1) The actor has corresponding capacity for civil conduct;
(2) the meaning is true;
(three) does not violate the mandatory provisions of laws and administrative regulations, and does not violate public order and good customs.
Article 502
A legally established contract shall come into force upon its establishment, except as otherwise provided by law or agreed by the parties. In accordance with the provisions of laws and administrative regulations, if the contract should go through the approval procedures, such provisions shall prevail. If the failure to go through the formalities such as approval affects the effectiveness of the contract, it will not affect the performance of the obligation clauses such as approval and the effectiveness of relevant clauses in the contract. If the party that should go through the formalities for approval fails to perform its obligations, the other party may require it to bear the responsibility for violating its obligations. The modification, assignment and dissolution of a contract shall be subject to the provisions of laws and administrative regulations, and the provisions of the preceding paragraph shall apply and shall be subject to approval.