1. Is the unilaterally signed contract valid?
A contract signed and sealed unilaterally is generally invalid in law. However, if the signed and sealed party takes the text as a valid offer, as long as the unsigned counterpart makes a valid commitment to the text, the contract will be established according to law and take effect without violating the legal provisions. In addition, in fact, if a party who has not signed and sealed the contract has fulfilled it, it has already recognized the contents of the contract in its behavior, and the contract is valid.
Article 490 of the Civil Code
When a contract is concluded, if the parties conclude the contract in the form of a contract, the contract shall be concluded 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. Can the parties to a contract claim that the contract is invalid?
Generally speaking, the subjects who can claim that a contract is invalid include the parties to the contract, the interested parties and the competent authorities of the state.
The parties to a contract, a third party interested in the relevant contract and the competent state authority may claim that the contract is invalid. There should be no time limit for claiming that the contract is invalid.
For a general invalid contract that only involves the interests of the parties, the claim is not limited by the subject and time and does not have effect. The purpose of claiming that the contract is invalid is to investigate the responsibility of the parties or make them bear the corresponding debts by confirming that the contract is invalid. At this time, the subject who claims that the contract is invalid should be the parties to the invalid contract. The creditor's rights arising from invalid contracts should be limited if they are to be protected by the court. The time here refers to the prescription. In our country, when the limitation of action expires, the creditor's right to win the case disappears, and the court does not protect the creditor's rights.
Therefore, the signing of the contract must be signed and sealed by both parties or signed and sealed by one party and sealed by Party B before the contract is valid. If the contract has been clearly defined and one party is signed by an agent, then the contract may be in a state of undetermined validity. If the contract finally wants to take effect, it must be ratified by the parties.
It is entirely possible for both parties to sign the contract through consultation. According to the provisions of the Civil Code, the contract has been established after signing, but whether it can take legal effect is a follow-up question. If one party has signed and sealed, but the other party has not signed, the contract is not established at this time.