legal analysis
the validity of a contract is the binding force given by law to a legally established contract. The validity of contracts can be divided into four categories, namely, valid contracts, invalid contracts, contracts with undetermined validity, changeable contracts and revocable contracts. The validity of a contract refers to the legally binding force that the parties to the contract must perform their contractual obligations and cannot change or terminate the contract without authorization, that is, the legal effect. This "legal effect" does not mean that the contract itself is a law, but that because the will of the parties to the contract conforms to the will of the state and social interests, the state entrusts the will of the parties to the contract with binding force, requiring the parties to strictly perform the contract, otherwise relying on the state's coercive force, requiring the parties to perform the contract and bear the liability for breach of contract. The establishment and entry into force of a contract are two legal concepts with different natures. Although they are closely related, their differences are also obvious, which play an extremely important role in both contract law theory and judicial practice. The so-called contract with undetermined validity refers to the fact that although the contract has been established, its effectiveness has not been determined because it does not fully comply with the relevant legal requirements for entry into force. Generally, it cannot take effect until the right holder expresses recognition or ratification. It mainly includes three situations: "First, a contract concluded by a person with no capacity or a person with limited capacity cannot be concluded independently according to law must be recognized by his legal representative before it can take effect;" Second, the contract concluded by the unauthorized agent in my name must be ratified by me before it can be legally binding on me; Third, the contract concluded by the person without the right to dispose of the property rights of others is invalid without the ratification of the right holder. "
legal basis
A contract established according to law in Article 52 of the Civil Code of the People's Republic of China shall come into effect upon its establishment, unless it is otherwise provided by law or agreed by the parties. In accordance with the provisions of laws and administrative regulations, if the contract should go through the formalities of approval, such provisions shall prevail. If the failure to go through the formalities of approval and so on affects the effectiveness of the contract, it will not affect the performance of the obligation clauses such as approval and the effectiveness of relevant clauses in the contract. If the party who should go through the formalities of applying for approval fails to perform his obligations, the other party may request him to bear the responsibility for violating the obligations. In accordance with the provisions of laws and administrative regulations, the provisions of the preceding paragraph shall apply to the modification, assignment and dissolution of the contract, which should be approved.