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. Since it is a contract, both parties need to negotiate and then sign for confirmation. Therefore, if one party to the intermediary contract does not sign, it still needs to sign. If the contract is a written contract, only one party signs it, and the other party does not sign or seal it, then the contract is invalid. If the contract is electronic, a confirmation letter must be signed in advance. Without the confirmation letter, the contract is invalid.
The conditions for the contract to take effect are:
1, the parties have the corresponding ability to conclude a contract. A contract is an act that the parties consciously pursue specific legal consequences for the purpose of establishing, changing and terminating civil rights and obligations, which is directly related to the interests and losses of the parties. Therefore, the parties must be able to recognize and identify their actions and judge the legal consequences of their actions, that is, they must have the corresponding ability to conclude contracts;
2. Meaning is truth. The truthfulness of the expression of will is an important part of the validity of the contract, which means that the expression of ideology should truly reflect its inner meaning. A contract is a product of unanimity of will and an agreement between the parties. Whether this agreement has legal effect depends on whether the expression of will is true;
3. It does not violate the legal and social interests. Legitimacy is the essential attribute of civil juristic act, and it is also a necessary condition for the validity of civil juristic act. The legal effect of a contract lies in the fact that the parties' expression of will conforms to the law. Obviously, an illegal contract cannot be protected by law, nor can it produce the legal effect expected by the parties. At the same time, the contract should not only comply with the law, but also not violate the public interest in content;
4. The form is legal. The parties may conclude a contract in writing, orally or in other forms. If laws and administrative regulations stipulate that it should be in writing, it should be in writing. If the parties agree to use written form, it shall be in written form. If the written form is prescribed by laws and administrative regulations or agreed by the parties, but the parties do not use the written form, and one party has fulfilled its main obligations and the other party accepts it, the contract is established. The written form of the contract appears more as evidence to prove the existence of the contract.
A legally established contract has certain legal binding force between the parties, that is, legal effect. The entry into force of the contract means that both parties enjoy the rights and undertake the obligations stipulated in the contract.
To sum up, a legally established contract has certain legal binding force between the parties, that is, legal effect. The entry into force of the contract means that both parties enjoy the rights and undertake the obligations stipulated in the contract. If the parties conclude a contract in the form of a contract, the contract shall be established when both parties sign or seal it. If the parties conclude a contract by letter or data message, they may require to sign a confirmation letter before the contract is established. The contract was established when the confirmation letter was signed.
Legal basis:
Article 490 of the Civil Code of People's Republic of China (PRC)
If the parties enter into a contract in the form of a contract, the contract shall be established when the parties sign, seal or press their fingerprints. 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.