1. Is the signed contract valid only if it is signed without seal?
Generally speaking, a contract is valid as long as it is the true intention of both parties. Failure to stamp is only a procedural matter, but failure to stamp cannot deny the validity of the contract itself.
Unless otherwise specified, for example, a contract without seal is invalid, or a contract without company seal is invalid.
If the contract has been signed but not sealed, it is legally binding. According to the provisions of the Civil Code, 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.
In trading activities, "signature and seal" is the basic requirement of many laws. Article 490 of China's General Principles of Civil Law: "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. A contract shall be concluded in written form as stipulated by laws, administrative regulations or agreed by the parties. If the two parties do not do this in writing, but one party has fulfilled its main obligations and the other party has accepted it, then the contract is established. "
However, there are no regulations on the seal of the contract and how to seal it. At the same time, the civil code mainly stipulates the seal of the contract in the conclusion of the contract, which gives people the impression that the seal of the contract is only related to the establishment of the contract and has nothing to do with the validity of the contract. In fact, the confirmation of the validity of the contract is based on the establishment of the contract. Therefore, the issue of contract seal is directly related to the effectiveness of the contract.
Second, how to sign the contract to be effective?
The question of how to sign a contract is actually a question of the effective elements of the contract. According to the relevant provisions of the Civil Code, the entry into force of a contract includes general entry into force and special entry into force.
1, general elements of the contract:
Refers to the general conditions of contract effect. Any contract can only be valid and established according to law if it has general effective elements; According to Article 143 of the Civil Law: "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. "
2. Special requirements for the validity of the contract:
It refers to the condition that a contract must have special elements in addition to the general effective elements. The special entry-into-force requirements of contracts are only the special requirements for the entry-into-force of some contracts stipulated by laws and administrative regulations, and are not universal;
Article 502 of the Civil Code: "A contract established according to law shall take effect upon its establishment, unless otherwise provided by law or agreed by the parties. In accordance with the provisions of laws and administrative regulations, if the contract should go through the approval procedures, such provisions shall prevail. If the failure to go through the formalities such as approval affects the effectiveness of the contract, it will not affect the performance of the obligation clauses such as approval and the effectiveness of relevant clauses in the contract. If the party that should go through the formalities for approval fails to perform its obligations, the other party may require it to bear the responsibility for violating its obligations. In accordance with the provisions of laws and administrative regulations, if the change, transfer and dissolution of the contract should be approved, the provisions of the preceding paragraph shall apply. "
Whether the contract is signed and sealed by the parties affects the establishment of the contract, and the contract will naturally not take effect if it is not established. But even if it is signed and sealed, the contract may not take effect, and other conditions and procedures are needed. When a company or enterprise signs an economic cooperation contract with other enterprises, it often needs to sign and seal the contract to show that the enterprise agrees with the contents of the contract, and most people will think that the contract needs to be signed and sealed before it can take effect.