1. Is a copy of the contract with fingerprints legally binding?
The validity of a contract depends on whether there is any invalid situation stipulated by law. If there are no invalid circumstances stipulated by law, the contract is valid.
Whether the copy of the contract has legal effect is a question of probative force, that is, whether the copy of the contract can prove the fact that the two parties signed the contract recorded in this copy. If both parties have touched the copy of the contract, it can be inferred that both parties have approved the contents of the contract. However, according to different cases, it still needs to be determined by combining other cases and evidence.
Second, the specific performance of the effectiveness of the contract
1, the general binding force of the contract on the parties. A legally established contract is legally binding on the parties. The parties shall perform their obligations as agreed, and shall not alter or terminate the contract without authorization.
2. Validity of the contract. A legally established contract shall take effect upon its establishment. The validity of a contract is reflected in the legal effect produced by the conclusion of a contract by two parties. The validity of each contract is specific, and the validity of each contract is different.
Three, the typical situation of invalid contract
(1) Concluding a contract by fraud or coercion, which harms the interests of the state.
The so-called fraud means that one party deliberately informs the other party of false information, or deliberately conceals real information to induce the other party to make a wrong expression of intention. The contract concluded by fraud is based on the fraudster's misunderstanding of fraud. The so-called coercion is to force the other party to act against the true meaning by threatening to damage the life and health, honor, reputation and property of citizens and their relatives and friends or the honor, reputation and property of legal persons. Coercion is also one of the reasons that affect the validity of the contract. A contract concluded by one party by fraud or coercion is invalid only if it harms the interests of the state.
(2) contracts that collude in bad faith and harm the interests of the state, the collective or a third party.
The so-called malicious collusion refers to the illegal behavior that the parties collude with each other to implement the contract for a certain purpose, causing damage to the interests of the state, the collective or the third party. Contracts that maliciously collude to harm the interests of the state, the collective or the third party are common in judicial practice, mainly because the debtor enters into false sales contracts, false mortgage contracts or false gift contracts with the other party in order to avoid execution; Enterprise executives or controlling shareholders use related enterprise transactions to harm the company's interests; The debtor and the creditor collude maliciously to defraud the guarantee, etc.
(3) contracts that cover up illegal purposes in a legal form
A contract concluded in a legal form to cover up illegal purposes should have the following elements: First, the real purpose or means to be achieved by the parties must be prohibited by laws or administrative regulations; Second, the parties to the contract have the intention to evade the law; Third, in order to evade the mandatory provisions of laws and administrative regulations, the parties take legal forms to cover up illegal purposes.
(4) Contracts that harm the public interest.
If there is no clear stipulation in laws and administrative regulations, but the contract obviously harms the public interest, the clause of "harming the public interest" can be applied to confirm that the contract is invalid.
(5) Contracts that violate the mandatory provisions of laws and administrative regulations.
A contract that violates the mandatory provisions of laws and administrative regulations refers to a contract in which the parties violate the mandatory provisions of laws and administrative regulations in the purpose and content of concluding a contract. The people's court shall confirm that the contract is invalid on the basis of laws formulated by the National People's Congress and its Standing Committee and administrative regulations formulated by the State Council, and shall not be based on local regulations and administrative rules. Clauses that exempt one party from liability, aggravate the other party's liability and exclude the other party's main rights are invalid.
Except for the general circumstances that lead to the invalidity of the contract, in view of the particularity of the standard terms, if the party providing the standard terms exempts the other party from its responsibilities, aggravates the other party's responsibilities and excludes the other party's main rights, the terms are invalid. It should be pointed out that if the invalidity of one or part of the format clauses does not affect the validity of other parts, the other parts are still valid.
Whether a copy of the contract with fingerprints has legal effect needs to be determined by combining the case and evidence.
Legal objectivity:
Article 52 of the Contract Law of People's Republic of China (PRC) is invalid under any of the following circumstances: (1) one party concludes a contract by fraud or coercion, which harms the interests of the state; (2) Malicious collusion that harms the interests of the state, the collective or a third party; (3) Covering up illegal purposes in a legal form; (4) damaging the public interest; (5) Violating the mandatory provisions of laws and administrative regulations.