The agreement stamped with the contract seal has legal effect, and the contract and the agreement have the same effect. The purpose of sealing a contract is to prove the establishment of a civil relationship. Its significance is to show that both parties have completed the stage of offer and acceptance, and their rights and obligations are clear. According to the agreement, the agreement is established when it comes into effect.
1. Does the agreement have legal effect by affixing the contract seal?
An agreement stamped with the contract seal has legal effect. According to the law, the seal of a contract generally represents the validity of the contract, while the seal of a legal person can be regarded as the signature of a legal person, which is also a form representing the validity of the contract. Reminder, the contract has both the contract seal and the legal person seal, which does not affect the validity of the contract. This contract has legal effect. The special seal for contract can only be used within the scope of signing the contract. On behalf of the unit, the unit should bear the rights and obligations arising therefrom. The official seal can be used instead of the special seal for the contract, but the efficiency of the special seal for the contract and the official seal in the use process and judicial practice is actually the same. Have the same legal effect as contracts and agreements.
Second, the legal significance of the special seal for contract
The legal significance of the company's special seal for contract: For the parties to a contract, affixing the special seal for contract marks the completion of the stage of offer and commitment and the final confirmation of the rights and obligations of both parties, thus confirming that the contract is legally binding on both parties through negotiation, and the parties should exercise their rights and perform their obligations according to the contract. In this regard, Article 490 of the Civil Code (implemented from 20211) stipulates that 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.
Third, the difference between the professional seal and the official seal of the contract.
The official seal is generally the seal of the unit to handle internal and external affairs. Official letters, documents and reports of the company are stamped with official seals, and documents stamped with official seals have legal effect. The contract seal is a special seal for signing a contract, and both of them have the same effect when signing a contract, as long as they are true.
Reminder: There is no difference between the official seal of the company and the special seal for signing the company contract. In addition to the official seal, the company also engraved the special seal for the contract for the following reasons:
1. Because the official seal of the company and the special seal of the company contract are different in use and management.
2. Because the company's contract work is routine and professional, using the special seal for contract can realize special contract management and better control contract risks.