1. Can a spouse sign on behalf of the other party?
1. Whether a spouse can sign on behalf of the other party depends on the situation:
(1) If both parties If it is agreed or stipulated by law that the signature of the parties must be signed by one spouse, it will be invalid;
(2) However, one spouse can entrust the other party to sign on his behalf, and if the contract is notarized, the spouse can sign the contract, but Except where there is an agreement or legal provision;
(3) If the signer has a power of attorney in advance, the signature is valid;
(4) If the signer has Without prior authorization, the act of signing on behalf of someone is without authority, and the signature on behalf of someone else is invalid.
2. Legal basis: Article 681 of the "People's Republic of China and Civil Code"
The guarantee contract is to ensure the realization of the creditor's rights. The guarantor and the creditor agree that A contract in which the guarantor performs the debt or assumes responsibility when the debtor fails to perform the due debt or a situation agreed by the parties occurs.
Article 682
A guarantee contract is a subordinate contract to the principal creditor's rights and debts contract. If the principal creditor's rights and debts contract is invalid, the guarantee contract shall be invalid, unless otherwise provided by law.
After the guarantee contract is confirmed to be invalid, if the debtor, guarantor and creditor are at fault, they shall each bear corresponding civil liability according to their faults.
2. What are the four conditions for the contract to take effect?
The conditions for the contract to take effect require the following conditions:
1. The parties to the contract have corresponding civil rights and capacity. Capacity for civil conduct;
2. The intention of the parties to the contract is true;
3. The contract does not violate the law or social public interests;
4. The formal requirements that must be met for a contract to be effective as stipulated in laws and administrative regulations.