The contract is an agreement between the two parties, and it is best to make two copies. If there is only one copy, it is valid as long as both parties sign it.
Second, the elements that a contract should have.
(1) The parties to a contract have corresponding capacity for civil rights and capacity for civil conduct.
The parties to a contract must have corresponding capacity for civil rights, capacity for civil conduct and capacity for contracting, so as to become qualified contract subjects. If the subject is unqualified, the contract cannot have legal effect.
(2) The parties to the contract express their true meaning.
The party's expression of will is true, that is, the actor's expression of will should truly reflect his inner meaning. After the contract is established, it is often difficult to judge whether the parties' expression of will is true from the outside, and the law generally does not take the initiative to intervene. The lack of elements of true expression of will, that is, the expression of will is untrue, does not absolutely lead to the invalidity of the contract.
(3) It does not violate the law or public interests.
A contract does not violate the law and social public interests, which mainly includes two meanings: First, the contents of the contract are legal, that is, the rights and obligations agreed in the contract terms and the objects they point to, that is, the subject matter. , should comply with the provisions of the law and the requirements of public interest. Second, the purpose of the contract is legal, that is, the reasons for the parties to conclude the contract are legal, the direct internal reasons are legal, and there is no fact that the illegal purpose is achieved by legal means and the law is circumvented.
(4) Having the formal requirements for the entry into force of the contract as stipulated by laws and administrative regulations.
The so-called formal requirements refer to the requirements of laws and administrative regulations on the form of contracts. Formal requirements are usually not the requirements for the contract to take effect, but if laws and administrative regulations are the conditions for the contract to take effect, it will become one of the requirements for the contract to take effect. Without these formal requirements, the contract can't take effect. Except as otherwise provided by law.
Three. Legal provisions of the contract
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 502 A lawfully formed contract shall become effective upon its formation, unless 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.
The contract is an agreement between the two parties, and it is best to make two copies. If there is only one copy, it is valid as long as both parties sign it. The parties to a contract must have corresponding capacity for civil rights, capacity for civil conduct and capacity for contracting, so as to become qualified contract subjects. If the subject is unqualified, the contract cannot have legal effect. If your situation is complicated and you need to consult a lawyer,