Nowadays, with the continuous development of society, great changes have taken place in the network. Many enterprises and companies will choose to sign electronic contracts because of their business contacts, and electronic contracts are also legally binding. So is the electronic contract valid without seal? Let me give you a detailed introduction to the relevant knowledge.
1. Is the electronic contract valid without seal?
Generally speaking, a contract is valid as long as it is a true expression of the will of both parties and is signed or sealed. If you sign instead of seal, you can't deny the validity of the contract itself.
Unless otherwise specified, for example, a contract without seal is invalid, or a contract without company seal is invalid.
In trading activities, "signature and seal" is the basic requirement of many laws. China's Civil Code stipulates: "If the parties conclude a contract in the form of a contract, the contract will be established when both parties sign or seal it." However, there are no regulations on the seal of the contract and how to seal it. At the same time, the seal of the contract mainly stipulates the conclusion of the contract, which gives people the impression that whether the contract is sealed or not is only related to the establishment of the contract, but has nothing to do with the validity of the contract.
In fact, the confirmation of the validity of the contract is based on the establishment of the contract. Therefore, the issue of contract seal is directly related to the effectiveness of the contract.
2. Does an electronic contract have legal effect?
With the development of electronic contracts, many countries have realized the necessity of determining the effectiveness of electronic contracts by law. The United Nations Commission on International Trade Law adopted the Model Law on Electronic Commerce. The law points out: because digital information has the possibility of being quoted afterwards, it is enough to undertake the task of written documents, and its legal effect, validity and enforceability cannot be denied just because the information is digital.
China's Civil Code has extended the traditional written contract form to the data message form. Article 469 of the law stipulates that written forms are contracts, letters, telegrams, telexes, faxes and other forms that can tangibly express the contents contained. A data message that can tangibly express its content through electronic data interchange, e-mail, etc. , and can be retrieved at any time, are considered in writing. This actually gives electronic contracts the same legal effect as traditional contracts.
Iii. Effectiveness of electronic signature and establishment of electronic contract
This contract shall be established when both parties sign or seal it. The traditional electronic contract may not have a formal written text. At this time, the so-called signature and seal will have a new concept and way, that is, electronic signature.
With the technical problems of electronic signature confirmation solved, it is necessary to give it legal recognition and confirm its effectiveness. At present, e-commerce certification centers are generally established in the world to prove and identify the authenticity of electronic documents. Article 7 of the Model Law on Electronic Commerce expands the definition of signature to include electronic signature.
Article 280 of China's criminal law stipulates the crime of forging, altering or destroying official documents and seals of state organs and seals of companies, enterprises, institutions and people's organizations. If the concept of official document and seal is extended to electronic signature in judicial interpretation, the trade conducted by electronic contract can really enter the implementation stage.
The above is my introduction about whether the electronic contract is valid without stamping. For the signing of an electronic contract, it is necessary to know the specific procedures, and both parties shall go through the specific procedures in accordance with the regulations. If you still don't understand this, I suggest you consult a lawyer.