The official seal is generally the seal of the unit to handle internal and external affairs. Official letters, documents and reports of the company are stamped with official seals, and documents stamped with official seals have legal effect. The contract seal is a special seal for signing a contract, and both of them have the same effect when signing a contract, as long as they are true.
1. Is it okay to sign the contract and affix the official seal?
Generally speaking, a contract is valid as long as it is the true intention of both parties. The absence of signature is only a procedural matter, but the absence of signature cannot deny the validity of the contract itself.
Unless otherwise specified, if the contract is not signed, it is invalid.
In trading activities, "signature and seal" is the basic requirement of many laws. Article 490 of China's Civil Code (202 1 to 1 Implementation) 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. However, there is no stipulation as to what seal the contract should be stamped, how to stamp it and whether it must be stamped with the official seal. Therefore, if both parties agree through consultation that the signing of the contract is valid with the official seal, then the contract has legal effect.
Second, the conditions for the contract to take effect
1. When concluding a contract, the parties must have the corresponding ability to conclude a contract.
This is essentially the legal provisions on the qualification of contract subject. If the subject is unqualified, the contract concluded cannot have legal effect. The subject of a contract is nothing more than a natural person and an unnatural person. Non-natural person, as the subject of contract, has the main capacity for behavior. As the subject of a contract, a natural person's contracting capacity should be determined according to his capacity for civil conduct.
2. The intention of the parties to the contract is true.
This is another important factor of the validity of the contract. The so-called true expression of will refers to the offer and commitment made by the parties in the process of concluding a contract, which is their independent and true expression of will. In general, the will of the actor is consistent with its external performance. However, due to some subjective or objective reasons, there may be inconsistencies between the two.
3. The contract does not violate the law or public interest.
This is one of the most important elements of contract production. The contract lacks legitimacy, there is no room for remedy, and it can only be fully effective. A contract violates the law and public interests, including the purpose and content of the contract, that is, the purpose and content of the contract shall not violate the law or public interests. The "law" mentioned here includes not only the mandatory provisions in existing laws, regulations and administrative rules, but also the prohibitive and mandatory provisions in national policies.
Legal basis:
Article 143 of the Civil Code of People's Republic of China (PRC)
A civil juristic act that meets the following conditions is valid:
(1) The actor has corresponding capacity for civil conduct;
(2) the meaning is true;
(three) does not violate the mandatory provisions of laws and administrative regulations, and does not violate public order and good customs.
Article 469 of the Civil Code of People's Republic of China (PRC)
The parties may conclude a contract in writing, orally or in other forms.
Written form refers to contracts, letters, telegrams, telexes, faxes and other forms that can tangibly express the contents contained.
A data message that can tangibly express its content through electronic data interchange, e-mail, etc. , and can be retrieved at any time, are considered in writing.