Legal analysis
The difference between the initial contract and the formal contract: Although both the initial contract and the formal contract can reflect the wishes of both parties, the initial contract only reflects the initial cooperation intention of both parties, which is similar to the negotiation in the contracting stage of the whole contract signing. The signing of the formal contract proves that the two parties have basically settled the specific contents under the terms of the contract and have entered the specific performance stage of the contract. There is an initial contract first, then a formal contract. However, initialling a contract is not a necessary condition for signing a formal contract, and the parties can sign a formal contract directly. At the same time, the establishment and entry into force of the initial contract will certainly not lead to the signing of a formal contract. Initialling the contract is relatively simple, just simply listing the main terms of the contract; The formal contract specifies the rights and obligations of the parties in detail, and supplements and perfects the contents of the initial contract, which is more standardized and detailed. Although both the initial contract and the formal contract have legal effect, the legal effect still depends on the relevant provisions of the contract contents of the two contracts. The initial contract will generally list the main terms, which is not very practical. Generally speaking, there is no clear agreement on whether a specific clause is in breach of contract. Most of them agree on a deposit or deposit to urge the parties to sign a formal contract, which is not very binding on the parties. A formal contract should better reflect the will of the parties and be more binding on them. Compared with the initial contract, the formal contract has stronger probative force, and it is easier for the judge to explore the true expression of the parties.
legal ground
People's Republic of China (PRC) Civil Code
Article 143 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 490 Where the parties conclude a contract in the form of a contract, the contract is formed when the parties sign, seal or fingerprint it. 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.