In the process of trying economic contract disputes, we often encounter the problem that the signature, seal and signature of relevant personnel affect the validity of economic contracts. There are different opinions on this issue. One view is that as long as the legal representative or the relevant personnel authorized by the unit sign, the economic contract will be established; Another view is that in addition to the signature of authorized personnel, the official seal of the unit must be affixed before an economic contract can be established.

Article 9 of the Economic Contract Law stipulates that an economic contract is established after the parties reach an agreement on the main terms of the economic contract according to law. This provision shows that an economic contract is established after both parties make an offer and accept it. Judging from the trial practice, after the contracting parties reach a consensus on the main terms of the economic contract and form a written agreement, they often need some kind of sign to prove that the economic contract has been established. This sign is the signature or seal of the relevant personnel or the signature and seal. Without the above marks, unless there is no dispute between the contracting parties, once litigation is involved, the economic contract cannot be deemed to have been established.

Not only the guarantee contract, but also all economic contracts and even other civil contracts have a problem, that is, the signature or seal of the relevant personnel directly affects the effectiveness of the contract. As a civil juristic act, a contract must follow the operating rules of civil juristic acts, such as the suitability of the subject, the true meaning, and not violating the law or social public interests. Take the signing of economic contracts by legal persons as an example. The behavior of a legal person is manifested through the duties of its legal representative and its staff. Therefore, only the legal representative of the legal person or the person specially authorized by the unit (including the staff of the legal person and other personnel authorized by the organ) has the right to sign the contract, and only the person authorized by the legal person has the right to seal the contract.

In any of the following circumstances, the contract can be recognized and proved to have been established:

① The contract has been signed by the legal representative or the agent specially authorized by the unit;

② The contract has been sealed by the unit;

③ The contract has been signed and sealed by authorized personnel;

(4) Unless there are special provisions on signature and seal in laws and administrative regulations.

Second, the establishment of a contract must meet the following conditions

First of all, the establishment of a contract refers to the agreement reached by both parties to the contract. The establishment of a contract must meet the following conditions:

1. There are two or more parties.

2. The signing parties reach an agreement on the main terms of the contract.

3. The establishment of a contract should have two stages: offer and acceptance.

Extended data

The entry into force of the contract stipulated in the contract law includes the following elements:

1. The parties have corresponding capacity for civil conduct when concluding a contract. If the contracting subject is unqualified, the contract concluded will not have legal effect.

2. The intention of the parties to the contract is true.

3. The contents of the contract do not violate the legal and social interests.

4. The contract must conform to the form required by law.

According to the General Principles of the Civil Law, the civil capacity of natural persons is divided into three categories and four types according to their age and mental health. Specifically: full capacity for civil conduct and deemed full capacity for civil conduct; Restrict the capacity for civil conduct; No capacity for civil conduct.

The Contract Law stipulates that it is effective to restrict persons with civil capacity from concluding contracts that are suitable for their age, intelligence and mental health. Incompatible contracts are not invalid, but their effectiveness is to be determined. Whether it is effective or not depends on the attitude of its legal representative. If it is ratified by the legal representative afterwards, the contract is valid. If it is not ratified, the contract will be invalid.

References:

Contract law learning network

Contract law of the people's Republic of China