I. Special Seal for Contract Can I sign the contract?

You can sign the contract with the special seal for the contract. When a unit signs a contract with foreign countries, it can represent the unit within the scope of signing the contract, and the unit should bear the rights and obligations arising therefrom. The official seal can replace the special seal for the contract. As for the effectiveness of the contract seal and the official seal, they are actually the same in the use process and judicial practice, and have the same legal effect as contracts and agreements.

Second, what is the function of the contract seal?

The seal of the contract plays an important role: for the parties to the contract, the seal of the contract marks the completion of the offer and commitment of both parties to conclude the contract and the final confirmation of the rights and obligations of both parties, thus marking the establishment of the contract through consultation between both parties and having legal effect on both parties. The parties shall exercise their rights and perform their obligations in accordance with this contract.

If an individual borrows a business letter of introduction or power of attorney, a special seal for a contract or a blank contract stamped with an official seal from a unit, signs an economic contract in the name of the lending unit, defrauds the property for personal possession, use, disposal or other criminal activities, thus causing economic losses to the other party and constituting a crime, the unit that lends a business letter of introduction or power of attorney, a special seal for a contract or a blank contract stamped with an official seal shall be liable for compensation according to law, in addition to investigating the criminal responsibility of the borrower according to law.

Special seal for contract, which is used by the unit when signing the contract, can represent the unit within the scope of signing and bear the rights and obligations arising therefrom; In practical work, the official seal can be used instead of the special seal for the contract.

Three. Matters needing attention when concluding a contract

1. Pay attention to whether the contract name is consistent with the contract content.

It is good for some enterprises to use the unified contract text, but there are problems because they don't know the nature of the contract in detail. For example, this is a processing contract, but the text of the purchase and sale contract is used, which adds controversy to the future performance of the contract and the application of legal provisions.

2. Pay attention to list the unit price of each item.

Some enterprises in the purchase and sale contract, the target is a variety of commodities, but only the total price of various commodities is specified in the contract, but the specific unit price of each commodity is not specified. Once the contract is partially fulfilled, it is difficult to determine the price of some unfulfilled commodities.

3. Define the calculation method of liquidated damages and compensation in the contract.

Although the Civil Code stipulates that if one party breaches the contract, the other party may claim liquidated damages and compensation from it, if the amount of liquidated damages is not stipulated in the contract, the court will think that both parties gave up the right to liquidated damages at that time and will not support it. There is a clear agreement on the calculation method of compensation, which is helpful to quickly determine the amount of compensation after disputes in the future.

4. Determine the competent court

Now some cases often spend time and energy on litigation jurisdiction. How to avoid it? It is best to specify the jurisdiction of the court in the contract. According to the relevant provisions of the Civil Procedure Law, the parties to a contract may agree in a written contract to choose the jurisdiction of the people's court of the defendant's domicile, the place where the contract is performed, the place where the contract is signed, the plaintiff's domicile and the place where the subject matter is located, but they shall not violate the provisions of the Procedure Law on hierarchical jurisdiction and exclusive jurisdiction. When signing a contract, the two sides are generally friendly and it is easier to reach an agreement. If the competent court is determined in advance, there is no need to fight for the competent court in the future.

5. Be careful with your words.

In principle, the conclusion date of a contract actually refers to the effective date of the contract, but there will be exceptions in practice, and certain conditions may be attached to the effective date of the contract. To sum up, the civil subject can of course use the special seal for the contract when signing the contract.

Legal objectivity:

Seal and Measures for the Administration of Public Security Article 3 The seal mentioned in these Measures refers to the official seal and the personal seal with legal effect. The term "official seal" as mentioned in these Measures refers to the legal names of state power organs, party and government organs, judicial organs, organs participating in and discussing state affairs, armed forces, armed police, democratic parties, trade unions, Communist Youth League, women's federations and other organs, organizations, enterprises and institutions, civil affairs departments and registered non-governmental organizations, neighborhood committees, deliberation and coordination institutions and non-permanent institutions, as well as special seals for contracts, finance, taxation, invoices and other businesses with legal names. The term "personal seal with legal effect" as mentioned in these Measures refers to the seal of the legal representative of state power, party and government, judiciary, participating in and discussing state affairs, army, armed police, democratic parties, trade unions, * * Communist Youth League, women's federations and other organs, organizations, enterprises and institutions, civil affairs departments registered civil organizations, neighborhood committees, deliberation and coordination institutions, non-permanent institutions and the person in charge of their financial departments.