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The written contract is not signed or stamped by one party. Is the contract valid?

A written contract that is not signed or stamped by one party is invalid.

A contract is a legal act between both parties. Both parties A and B must sign and seal to take effect. A contract signed and sealed by one party will not be established.

According to the provisions of the "People's Republic of China and Civil Code", if the parties conclude a contract in the form of a contract, the contract is established when both parties sign or seal it.

Before signing, sealing or fingerprinting, one party has performed its main obligations and the contract is established when the other party accepts it.

Laws and administrative regulations or the parties agree that a contract should be concluded in writing. If the parties do not use writing but one party has performed its main obligations and the other party accepts it, the contract is established.

Legal Basis

"People's Republic of China and Civil Code"

Article 490: If the parties conclude a contract in the form of a contract, the parties shall The contract is established when all parties sign, seal or fingerprint. Before signing, sealing or fingerprinting, one party has performed its main obligations and the contract is established when the other party accepts it.

Laws and administrative regulations or the parties agree that a contract should be concluded in writing. If the parties do not use writing but one party has performed its main obligations and the other party accepts it, the contract is established. Article 491: If the parties conclude a contract in the form of letters, data messages, etc. and require the signing of a confirmation letter, the contract shall be established when the confirmation letter is signed.

If the goods or service information released by one party through the Internet or other information networks meets the conditions of the offer, the contract will be established when the other party selects the goods or services and successfully submits the order, unless otherwise agreed by the parties. Article 493: If the parties conclude a contract in the form of a contract, the place where the last signature, seal or fingerprint is taken shall be the place where the contract is established, unless otherwise agreed by the parties. Article 502 A contract established in accordance with the law shall take effect from the time of its establishment, unless otherwise provided by law or otherwise agreed upon by the parties.

In accordance with the provisions of laws and administrative regulations, if the contract should be approved and other procedures should be followed, the provisions shall be followed. If the failure to go through approval and other procedures affects the effectiveness of the contract, it will not affect the effectiveness of the contract's obligation clauses such as submission for approval and related clauses. If the party that should go through the application approval and other procedures fails to perform its obligations, the other party may request that it bear liability for violating such obligations.

In accordance with the provisions of laws and administrative regulations, if the modification, transfer, termination, etc. of a contract require approval and other procedures, the provisions of the preceding paragraph shall apply.