The form of a contract refers to the desirable appearance methods and means as the content of the contract, and is the external expression of the parties to the contract. The parties may conclude a contract orally or in writing.

Oral form and written form

1. The oral form of a contract refers to the form of a contract in which the parties only express their intention to conclude a contract in oral language, instead of expressing the contents of the agreement in words.

2. The advantage of oral form is convenience and quickness, but the disadvantage is that it is difficult to obtain evidence and distinguish responsibilities when contract disputes occur. The oral form is applicable to the contractual relationship that can be settled immediately.

3. Written form refers to the conclusion of a contract by the parties in the form of data messages that can tangibly express the contents contained in the contract, such as telegram, telex and e-mail.

4. Written form is conducive to transaction safety, and important contracts should be in written form.

The written form can be divided into the following forms.

1. Both parties reach a written agreement on the main terms of the contract through consultation, which shall be signed and sealed by the legal representatives of both parties or their authorized persons;

2. Format contract;

Letters, telegrams and telexes exchanged by both parties are also part of the contract.

Notarization is a form of contract in which the contents of the contract are examined and notarized by the parties concerned or in accordance with the law.

The general notary office is based on the written form of the contract. After examining and confirming the authenticity and legality of the contract, it will affix a notary seal to the contract to prove it. A notarized contract has the most reliable evidential effect, and the parties cannot overturn it unless they have evidence to the contrary. The law adopts the principle of voluntariness in contract notarization. Whether a contract needs notarization is generally agreed by the parties themselves. A contract that the parties require notarization must be notarized, and it will not take effect without notarization. However, for some important contract types, the law can also stipulate that notarization must be carried out, and both the parties and the law can give the notarized form of the contract evidence effect or establishment effect.

legal ground

Article 490 of the Civil Code of People's Republic of China (PRC)

If the parties enter into a contract in the form of a contract, the contract shall be 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.

Article 49 1 of the Civil Code of People's Republic of China (PRC).

The parties conclude a contract by means of letters, data messages, etc. It is also required to sign a confirmation letter, and the contract is established when the confirmation letter is signed. If the information of a commodity or service released by one party through information networks such as the Internet meets the conditions of the offer, the contract is established when the other party successfully selects the commodity or service and submits the order, unless otherwise agreed by the parties.