One,
Is the unsigned sales contract valid?
Whether an unsigned contract is valid or not shall be determined according to the specific circumstances:
First of all, only one party signs or seals the contract. If one party has fulfilled the main obligations of the contract and is accepted by the other party, the contract is established, regardless of whether the recipient has fulfilled its due obligations;
The second is that only one party signs or seals the contract. If one party fulfills the main obligations of the contract, but it is not accepted by the other party, the contract is not established;
The third is that only one party signs or seals the contract, but neither party has fulfilled the main obligations of the contract, and the contract is not established;
The fourth is that both parties have not signed or sealed the contract, but one party has fulfilled its main obligations and is accepted by the other party, and the contract is established, regardless of whether the recipient has fulfilled its due obligations;
The fifth is that the contract is not signed or sealed by both parties, and if one party has fulfilled its main obligations but has not been accepted by the other party, the contract is not established;
The sixth is that neither party has signed or sealed the contract, and neither party has fulfilled the main obligations of the contract, so the contract is not established.
civil law
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.
Article 491 Where the parties conclude a contract by means of letters or data messages, they are letters, data message form contracts and network contracts. It is also required to sign a confirmation letter, and the contract is established when the confirmation letter is signed.
If the information of a commodity or service released by one party through information networks such as the Internet meets the conditions of the offer, the contract is established when the other party successfully selects the commodity or service and submits the order, unless otherwise agreed by the parties.
2. What are the situations in which the sales contract is invalid?
The sales contract is invalid as follows:
1, the parties do not have corresponding capacity for civil conduct;
2. The parties falsely indicate that a sales contract has been concluded;
3. The contract violates the mandatory provisions of laws and administrative regulations;
4. The contract violates public order and good customs;
5. The seller and the buyer collude maliciously to harm the legitimate rights and interests of others.
People's Republic of China (PRC) Civil Code
Article 146 A civil juristic act in which the intention expressed by the actor and the counterpart is untrue is invalid.
The validity of a concealed civil juristic act with false intention shall be handled in accordance with relevant laws and regulations.
Article 153 The validity of a civil juristic act that violates mandatory provisions, public order and good customs. A civil juristic act that violates the mandatory provisions of laws and administrative regulations is invalid. However, unless mandatory provisions do not invalidate civil legal acts.
A civil legal act that violates public order and good customs is invalid.
Article 154 Validity of a Civil Legal Act of Malicious Collusion A civil legal act in which the actor colludes maliciously with the counterpart and damages the legitimate rights and interests of others is invalid.
The above tells us that the validity of an unsigned sales contract depends on the situation. If the sales contract is signed or sealed by both parties, it is signed by both parties voluntarily, and the contents of the contract do not violate the law, then the sales contract has legal effect. It cannot be said that an unsigned sales contract is invalid. If you still have legal questions you don't understand, you can visit our website to consult a lawyer.