Article 32 of the Contract Law stipulates that the parties conclude a contract in the form of a contract, and the contract is established when both parties sign or seal it. In judicial practice, the legal representative is the person in charge who exercises authority on behalf of the legal person according to the law or the articles of association of the legal person. In foreign relations, the legal representative carries out civil activities in the name of a legal person and has a representative relationship with the company (legal person). ?

Rights and obligations enjoyed by the legal representative when conducting civil activities on behalf of the company: The legal representative must be the person in charge of the legal person organization, exercise his/her functions and powers and perform his/her obligations within the scope of functions and powers stipulated by national laws, regulations and articles of association of the enterprise, participate in civil activities on behalf of the legal person, be fully responsible for the production, operation and management of the legal person, be able to exercise his/her functions and powers on behalf of the legal person, and accept the supervision of all members of the legal person and relevant authorities. ?

The document signed by the legal representative is a legal document signed on behalf of the legal person. A company (legal person) shall bear the legal consequences of its external duties. ?

To say the least, even if both parties agree that the contract must be stamped with a special seal, it can only show that there are defects in the contract. On the basis of the establishment of the contract, the invalidity of the contract must be declared invalid because of the lack of legal and effective elements. Unless one party agrees to terminate the contract or there are some legal matters to terminate the contract, one party is not allowed to go back on its word and ask for termination at will. Otherwise, if one party breaches the contractual obligations, the breaching party shall bear the liability for breach of contract. ?

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Case: Does signing a contract without seal necessarily lead to the invalidity of the contract?

On September 20 12 1 1 day, Rizhao company a and Linyi company b signed a transportation contract due to the need of consignment, and the legal representatives of both parties signed it. Company A stamped the special seal for the contract, but Company B did not. During the performance of the contract, Company A suddenly claimed that the contract was invalid on the grounds that Company B did not affix the special seal for the contract. To this end, the two sides had a dispute. ?

The court held that the legal representative of Company B can sign a contract on behalf of the company in his own name, and the contract signed should be legal and valid. ?

In this case, Company A has no legal reason to claim that the contract is invalid, but Company A has always refused to perform its contractual obligations. At this time, in order to protect its own rights and interests, Company B can bring a lawsuit to the court, demanding that Company A continue to perform the contract according to law and bear the liability for breach of contract.

China Court Network-Does signing a contract without stamping necessarily lead to the invalidity of the contract?

China government network-contract law