According to the contract law
Article 32 A contract is concluded by the parties in the form of a contract, and it is established when both parties sign or seal it.
Article 33 If the parties conclude a contract in the form of data messages, they may request to sign a confirmation letter before the contract is established. The contract was established when the confirmation letter was signed.
Article 34 The place where the acceptance takes effect is the place where the contract is established.
Where a contract is concluded in the form of a data message, the recipient's principal place of business is the place where the contract is established; If there is no main place of business, its habitual residence is the place where the contract is established. Unless otherwise agreed by the parties, such agreement shall prevail.
Extended data
Public security reminder: for important contracts and IOUs, try to sign with your own pen.
Police work found that a special signature pen named "Auto-Fading Magic Pen" has the same shape and handwriting as an ordinary signature pen except that the handwriting will disappear automatically within 30 minutes to 2 days, leaving no trace. From the online search, it is found that some criminals use the "magic pen with automatic fading pen" to write IOUs and engage in criminal activities.
The shape of "automatic fading magic pen" is the same as that of ordinary signature pen, but it uses special ink. The handwriting written by this magic is no different from that of an ordinary pen. Taobao found that this pen is sold under the names of special fading pen, marker pen, automatic disappearing pen, fading pen, air disappearing pen and water-soluble pen. Prices generally range from 50 cents to 50 yuan, and sales are very good.
Several types of economic cases easily triggered by this case.
First, using the characteristics of "automatic fading magic pen", using the victim's psychology of not always checking the iou when borrowing money, and achieving the purpose of illegal possession on the grounds that he borrowed money without signing it.
Second, criminals use the "automatic fading magic pen" to write contracts and agreements to defraud enterprises and individuals and then escape, which makes it difficult for victims to defend their rights and obtain evidence.
Third, criminals open small bank drafts from banks, fill them out with "automatic fading magic pen" and buy goods to commit fraud.
Here, the public security department reminds the general public that in the process of writing IOUs, signing contracts and clearing bills, the electronic printing of manuscripts should be used as much as possible for contracts. When signing and filling out bills, they should bring their own pens and affix their seals or fingerprints if necessary.
References:
Zhangjiakou Public Security Network-Public Security Tips: Try to sign important contracts and IOUs with your own pen.
References:
Central People's Government-People's Republic of China (PRC) Contract Law