Legal analysis
What conditions should a contract meet: 1. Laws of two or more contracting parties. The so-called contracting subject refers to the person who actually enters into a contract. They can be both the future parties to the contract and the agents of the parties to the contract. The contractor is different from the contractor. The contracting party is the party to the contractual relationship. They are the people who actually enjoy contractual rights and undertake contractual obligations. Both parties must conclude the contract "according to law". The so-called "signing a contract according to law" means that the conclusion of a contract must meet the requirements of laws and administrative regulations. Since the contract stipulates the relationship between the rights and obligations of the parties, and enjoys and undertakes the rights and obligations according to law, the conclusion of the contract must comply with the provisions of laws and administrative regulations. If the contract concluded by the parties violates the requirements of laws and administrative regulations, the law will not recognize and protect it. In this way, the purpose of reaching an agreement between the parties can not be achieved, and the conclusion of the contract will lose its legal significance. Both parties must reach an agreement on the main terms of the contract. That is, the contract must be agreed by both parties through consultation. The so-called consensus refers to the same and non-divergent views reached after negotiation and bargaining. 4, the establishment of the contract should have an offer and acceptance stage method. Offer acceptance is the basic rule of contract formation, and it is also a two-stage method that contract formation must go through. If the contract is not promised, but only stays in the offer stage, the contract is not established. A contract begins with the negotiation between the parties to the contract and is established through the agreement between the contract offer and the commitment to it.
legal ground
Article 490 of the Civil Code of People's Republic of China (PRC): If the parties conclude a contract in the form of a contract, the contract is concluded 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.