1. Is the unsigned contract valid?
Generally speaking, a contract without signature has no legal effect on the parties. However, before signing, sealing or fingerprinting, one party has fulfilled its main obligations, and the contract is established when the other party accepts it.
civil law
Article 490 stipulates that if the parties conclude a contract in the form of a contract, the contract is 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.
2. What are the conditions for concluding a contract?
A law in which the contracting party has two or more parties. The so-called contracting subject refers to the person who actually enters into a contract. They can be both future parties to the contract and agents of the parties to the contract. The contractor is different from the contractor. The contracting party is the party to the contractual relationship. They are the people who actually enjoy contractual rights and undertake contractual obligations.
Both parties must conclude a contract according to law. The so-called "signing a contract according to law" means that the conclusion of a contract must meet the requirements of laws and administrative regulations. Since the contract stipulates the relationship between the rights and obligations of the parties, and enjoys and undertakes the rights and obligations according to law, the conclusion of the contract must comply with the provisions of laws and administrative regulations. If the contract concluded by the parties violates the requirements of laws and administrative regulations, the law will not recognize and protect it. In this way, the purpose of reaching an agreement between the parties can not be achieved, and the conclusion of the contract will lose its legal significance.
Both parties must agree on the main terms of the contract. That is, the contract must be agreed by both parties through consultation. The so-called consensus refers to the same and non-divergent views reached after negotiation and bargaining.
The formation of a contract should have a phased approach of offer and acceptance. Offer acceptance is the basic rule of contract formation, and it is also a two-stage method that contract formation must go through. If the contract is not promised, but only stays in the offer stage, the contract is not established. A contract begins with the negotiation between the parties to the contract and is established through the agreement between the contract offer and the commitment to it.
The above are just the general conditions for the establishment of the contract. In fact, due to the different nature and contents of contracts, many contracts have their specific requirements for establishment.
When signing a written contract, both parties shall reach an agreement through consultation and sign the contract on the principle of fairness and voluntariness. As long as both parties perform their respective responsibilities and obligations in accordance with the contract, one party will bear the corresponding liability for breach of contract.