Legal analysis

Generally, such a contract is valid, which is about the validity of the contract. The validity of a contract refers to the binding force of a legally established contract. The meaning of contract validity should be understood from the following three aspects: first, contract validity is the coercive force of the contract itself, which is manifested in conscious compliance with the contract and responsibility or even sanctions for non-performance of contract obligations. The purpose of a contract is achieved through performance. In the performance, the fundamental motivation of the parties to abide by the contractual obligations is not driven by moral factors such as contractual interests, honesty and credit, but the coercive force of the contract; At the same time, failure to perform contractual obligations will inevitably lead to corresponding responsibilities and thus bear adverse legal consequences. Second, the validity of a contract is a kind of legal protection, and contracts and contractual rights are safeguarded by legal protection. The legally established contract itself shall not be illegally infringed by any unit or individual; The realization of contracts and contractual rights is protected by national laws. Therefore, a contract that is not protected by law cannot have the problem of contract validity. Third, the effectiveness of the contract is actually the actual effectiveness of the contract. The actual effect of a contract is the certainty of achieving the purpose of the contract. The realization of contract purpose includes the inevitability of abiding by contract and the inevitability of punishing breach of contract. A contract is valid if the contractual obligations can be fulfilled and the contractual rights can be realized. Just because every contract has lost its real validity does not necessarily mean that it has lost its validity. Therefore, to understand and grasp the meaning of contract effectiveness, we should understand it more from the actual effectiveness of the contract, and it is of no practical significance to talk about the effectiveness of the contract without the actual effectiveness of the contract. Therefore, when signing a contract, both parties should first consider what kind of contract effect they want to achieve, and then carefully review the terms of the contract.

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.