Take effect. A legally established contract has legal effect from the date of its establishment. The establishment here means that the parties have signed an agreement. However, some laws or administrative regulations stipulate that certain types of contracts must be approved and registered before they can take effect. In this case, after the parties conclude a contract, the contract cannot take effect immediately.

Legal analysis

There are many procedures to conclude a contract. If the procedures are illegal or incomplete, the effectiveness of the contract will be affected. In addition, in order to make the contract effective, it is necessary to meet the conditions for the contract to take effect, and none of them can be less. Otherwise, the effectiveness of the contract will be incomplete. A legally established contract shall take legal effect as soon as it is concluded. However, some laws or administrative regulations stipulate that certain types of contracts must be approved and registered before they can take effect. In this case, after the parties conclude a contract, the contract cannot take effect immediately, and they must go through the approval or registration procedures with the relevant departments in accordance with the provisions of relevant laws. Only after the contract is approved or registered can it have legal effect, and the rights and obligations of the parties can be recognized by law. For example, when the parties conclude a mortgage contract with certain property as collateral, they should register the collateral, and the mortgage contract will take effect from the date of registration, and the patent application right and patent right can be transferred.

legal ground

Article 502 of the Civil Code of People's Republic of China (PRC) * * * A contract established in accordance with the law shall take effect upon its establishment, except as 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.