Legal analysis
As long as a natural person has civil capacity, the contracts signed by both parties are generally valid. Contracts can be signed between natural persons, between natural persons and units, and between units, and contracts are generally valid. The signed contract is invalid if it violates laws, administrative regulations and social interests. The relevant laws do not clearly stipulate whether the contract will take effect only if it is sealed without signature. However, if the contract takes effect after it is signed and sealed, it must be signed and sealed in accordance with the contract. The seal is the unit and the signature is the individual, including the legal person of the unit. The seal of the unit is valid even if the legal person does not sign it. If it is only stamped, the contract will not take effect. Of course, if one party fulfills its main obligations and the other party accepts them, the contract will be regarded as established and effective in law. If a contract is concluded in the form of a contract, one party has fulfilled its main obligations before signing or sealing it, and the other party accepts it, the contract is established. First of all, this is determined by the nature of the contract. A contract is the product of the parties' consensus, and it is an agreement between two or more subjects expressing the same meaning. Under normal circumstances, only signature or seal can show the parties' approval of the terms of the contract. However, if one party performs its obligations according to the contract and the other party accepts the obligations before the contract is signed or sealed, the contract will take effect.
legal ground
People's Republic of China (PRC) Civil Code
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.