According to the relevant regulations of our country, whether it is an electronic contract or a written contract, it needs to be signed or stamped, otherwise the contract will be invalid, and both parties A and B need to sign or stamp it. chapter, both of which are indispensable, otherwise the contract will be invalid.
1. Is the contract effective without Party A’s signature? If the contract is a written contract with only Party B’s signature but without Party A’s signature and seal, the contract is invalid. If the contract is in electronic form, a confirmation letter must be signed in advance, otherwise, the contract will be invalid. Since it is a contract, it needs to be signed by both parties. "Civil Code" Article 490: Time of Contract Establishment If the parties conclude a contract in the form of a contract, the contract shall be established when both parties sign, seal or fingerprint. Before signing, sealing or fingerprinting, one party has performed its main obligations and the contract is established when the other party accepts it. Laws and administrative regulations stipulate or the parties agree that a contract should be concluded in written form. If the parties do not use written form but one party has performed its main obligations and the other party accepts it, the contract is established. Article 491 If a contract in the form of a letter or data message and an Internet contract are established when the parties enter into a contract in the form of a letter, data message, etc. and require the signing of a confirmation letter, the contract shall be established when the confirmation letter is signed. If the product or service information released by one party through the Internet or other information networks meets the offer conditions, the contract is established when the other party selects the product or service and successfully submits the order, unless otherwise agreed by the parties.
2. What is the nature of contract rescission? 1. Contract rescission applies to validly established contracts. The termination of the contract will only take effect after it is effectively established and before its performance is completed. Cancellable contracts and invalid contracts are not subject to adjustment by the contract cancellation system because they are contracts with defects or deficiencies in effectiveness. 2. Certain conditions must be met to terminate the contract. In order to prevent parties from abusing the contract termination system and thus maintain the seriousness of the contract and the stability of social and economic life, the law stipulates that the termination of a contract must meet statutory or agreed conditions, and prohibits the parties from arbitrarily terminating the contract. The so-called statutory termination refers to the act of terminating a contract under certain conditions as stipulated by law. The so-called stipulated termination means that the parties agree on the conditions for terminating the contract in the contract. When the conditions for terminating the contract arise, the contract will be terminated. Of course, the parties do not have to agree to terminate the contract when signing the contract, but can also terminate the contract through consensus after consultation. 3. To terminate the contract, there must be an act of termination. Our country's law does not adopt the principle of natural rescission, that is, the contract can be terminated if the conditions for rescission of the contract are met. Therefore, in order for the parties to terminate the contract, there must be an act of termination. There are two types of contract termination: the first is when both parties agree to terminate the contract; the second is when the party with the statutory or agreed right to terminate expresses intention to terminate the contract. The party rescinding the contract must have the legal or agreed right to rescind, and rescission without the right to rescind will not have legal effect. To sum up, it can be understood from the legal provisions that such a contract is invalid and requires Party A's signature to become legally effective. Therefore, we need to sign both parties to make it a legal and valid contract, and only in the event of a breach of contract can we protect our rights and interests through litigation.