1. Private seal can replace signature in legal effect. Private seal is also a form of legal recognition. If you want to deny the private seal; Evidence that the seal has not been used must be provided. Otherwise, the contract is established by default.
2. In practice, when signing a labor contract with an enterprise, it is best to obtain the signature of the legal representative, not the private seal. If the parties conclude a contract in the form of a contract, the contract shall be established when both parties sign or seal it.
3. If the parties conclude a contract in the form of a contract, the contract shall be established when the parties sign, seal or press their fingerprints. 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.
If one party to the contract is a natural person, just sign or fingerprint it. If one party to the contract cannot sign in person, its legally authorized personnel may sign on behalf of it within the scope of authorization; If one party to the contract is an enterprise unit, the signatory shall be the legal representative of the unit, or the legal representative and other personnel authorized by the unit shall sign on its behalf within the scope of authorization.
1. What are the precautions when signing a contract?
1. Verify the subject qualification of the other party;
2. Confirm the form of the contract:
(1) The contract must be signed in writing;
(2) If a contract is concluded by oral, letter or data message, a confirmation letter must be signed and sealed;
(3) The contract background shall be indicated when the contract is countersigned.
3. The necessary clauses of the contract should be specific and clear;
4. Contractual obligations before signing the contract;
5, in the process of contract performance, pay attention to collect and save relevant evidence;
6. After the contract is signed, the original contract shall be kept by the company;
7. The contents of the contract shall not harm the interests of the public, the state, the collective or the third party, and shall not contain exemption clauses that cause personal injury or property loss to the other party due to intentional and gross negligence.
Second, what is the legal significance of the contract seal?
1. For the parties to a contract, affixing a special seal for the contract indicates that both parties have completed the offer and acceptance stage of concluding the contract, and finally confirmed the rights and obligations of both parties, thus confirming that the contract was established through negotiation between both parties.
2. If it is legally binding on both parties, both parties shall exercise their rights and perform their obligations according to the contract.
According to the above contents, it can be concluded that the private seal is also recognized by law, and the signed contract can take effect if it wants to be sealed. However, if there is a dispute in the future, and you can't provide evidence that you didn't use the private seal, you may default to the establishment of the contract.
Legal basis:
civil law
Article 490
If the parties enter into a contract in the form of a contract, the contract shall be established when the parties sign, seal or press their fingerprints. 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.