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If the content of the agreement does not violate the mandatory provisions of the state, it is valid.
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A letter of agreement, also known as a contract. The entry into force of a contract refers to the fact that a contract that has been established has produced a certain legal binding force between the parties, which is commonly referred to as legal effect. After the contract is concluded, whether it can produce legal effect and whether it can produce the legal consequences expected by the parties depends on whether the contract has the requirements for validity.
The following requirements shall be met for the contract to take effect.
1) The parties to the contract have the corresponding capacity for civil rights and civil conduct.
The parties to the contract must have the corresponding capacity for civil rights and civil conduct and the capacity to conclude contracts in order to become qualified contract subjects.
2) The intention of the parties to the contract is genuine.
The true expression of the parties' intentions means that the actor's expression of intent should truly reflect their inner intentions.
3) The contract does not violate the law or the public interest.
The contract does not violate the law and the public interest, and mainly includes two meanings: first, the content of the contract is legal, that is, the rights and obligations agreed in the contract terms and the objects to which they are directed, that is, the subject matter, etc., should comply with the provisions of the law and the requirements of the social public interest. The second is that the purpose of the contract is legitimate, that is, the reason for the parties to conclude the contract is legitimate, and it is the direct inner reason that is legitimate, and there is no circumvention of the law such as achieving the illegal purpose in a lawful way.
4) Possess the formal requirements that must be met for the contract to take effect as stipulated by laws and administrative regulations.
The so-called formal requirements refer to the formal requirements of laws and administrative regulations for contracts, and the formal requirements are usually not the requirements for the contract to take effect, but if the laws and administrative regulations stipulate that it is a condition for the contract to take effect, it becomes one of the requirements for the contract to take effect, and the contract cannot take effect without these formal requirements. Except as otherwise provided by law.
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Legal analysis: An agreement signed by fingerprint is valid as long as the following conditions are met: the actor has the corresponding capacity for civil conduct; The meaning means that it is true; It does not violate the mandatory provisions of laws and administrative regulations, and does not violate public order and good customs.
Fingerprints have the same legal effect as signatures or seals, and are valid signatures. A contract is formed when all parties have signed, sealed or fingerprinted. A contract is an agreement between civil subjects to establish, modify, or terminate a civil legal relationship.
The parties may conclude a contract in written, oral or other forms. The written form is a form in which the contents of the contract, letter, telegram, telex, fax, etc. can be tangibly expressed. Data messages that can be tangibly represented in electronic data interchange, e-mail, etc., and that can be accessed at any time shall be deemed to be in writing.
Legal basis: Article 143 of the Civil Code of the People's Republic of China A civil juristic act that meets the following conditions is valid: (1) the actor has the corresponding capacity for civil conduct; (2) The expression of intent is true; (3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs.
Derivative question: Is fingerprint legally binding? Yes. Pressing the fingerprint on the document is a confirmation of the content recorded in the document, which is equivalent to a signature confirmation, and as far as the act of pressing the fingerprint is concerned, it is legally binding on the person who pressed the fingerprint and has legal effect.
However, the validity of the act of handprinting does not mean that the corresponding instrument is valid, and whether the instrument is valid or not is still to be judged according to the content of the document itself. The conclusion of the contract depends on whether the parties' expressions of intent are consistent, and the authenticity and validity of the fingerprints, signatures and seals are the prerequisites for the true and valid expressions of intent of the parties. As for the authenticity of the handprints, it needs to be addressed in the allocation of the burden of proof.
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Legal Analysis: If an agreement signed with a fingerprint meets the requirements for a valid civil juristic act, the agreement is valid.
Legal basis: Civil Code of the People's Republic of China
Article 143:Civil juristic acts that meet the following requirements are valid:
1) The perpetrator has the corresponding capacity for civil conduct;
Stove cover 2) means that the width of the dust shows the truth;
(3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs.
Article 490:Where the parties conclude a contract in the form of a written contract, the contract shall be concluded when both parties sign, affix their seals or press their fingerprints. The contract is concluded when one of the parties has fulfilled the obligation of prudence before signing, sealing, or fingerprinting, and the other party accepts it.
When laws or administrative regulations stipulate or the parties agree that a contract shall be concluded in written form, and the parties do not use the written form but one party has performed its main obligations and the other party accepts it, the contract shall be established.
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Legal analysis: Specific analysis of specific issues, generally speaking, the agreement is not valid if signed by both parties and fingerprints, but also requires both parties to have a certain capacity for civil conduct, and either party must sign the agreement voluntarily, there can be no coercion, and the content of the agreement cannot violate the mandatory provisions of the law and social order, customs and habits to be effective. According to the relevant laws and regulations of China, only the parties have a certain capacity for civil conduct and the intention is true and clear to the agreement is valid.
Article 143 of the Civil Code of the People's Republic of China The following conditions are valid: (1) the actor has the corresponding capacity for civil conduct; (2) The expression of intent is true; (3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs.
Paragraph 1 of Article 490 stipulates that if the parties conclude a contract in the form of a written contract, the contract shall be concluded when both parties sign, affix their seals or press their fingerprints. The contract is formed when one of the parties has fulfilled its primary obligation before signing, sealing, or printing the finger and the other party accepts it.
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When signing an agreement, only the signature does not take effect according to the fingerprint, and the signature has the same legal effect as the fingerprint.
Legal analysis
The signature and fingerprint are only a requirement for the establishment of the agreement, and have nothing to do with the entry into force of the agreement. The following conditions must be met for the agreement to be valid: 1. The signatory of the agreement has the capacity to enter into the contract; 2. The content of the agreement is the true and legitimate expression of the intention of both parties; 3. The agreement is not to be violatedLaws and Regulations
The mandatory provisions do not harm the legitimate rights and interests of others. According to the relevant laws and regulations, the parties have the corresponding capacity for civil rights and civil conduct, and enjoy the right to voluntarily conclude a contract in accordance with the law, and the content of the contract does not violate the provisions of the law, and there is no circumstance that the contract is invalid as prescribed by law, and the contract is legal and valid. The fingerprint of the agreement has the same legal effect as the signature or seal.
The signing of the agreement is to ensure the normal progress of the content of the agreement, and is conducive to urging the parties to the agreement to follow their respective commitments and fulfill their respective responsibilities and obligations. The content of the proposed agreement should be in line with the relevant provisions of our countryLaws and Regulations
And ensure that the agreement is drawn up by both parties through mutual consultation, then the fingerprint still has the same legal effect. Where the parties conclude a contract in the form of a written contract, they shall sign or affix their seals. Where a party puts a fingerprint on the contract, the people's court shall find that it has the same legal effect as the signature or seal.
The contract shall be invalid under any of the following circumstances: (1) one party concludes the contract by means of fraud or coercion, harming the interests of the state; (2) Malicious collusion, harming the interests of the state, the collective, or a third party; (3) Concealing illegal purposes in a lawful form; (4) harming the public interest; (5) Violating the mandatory provisions of laws and administrative regulations by only signing an agreement and not taking effect legally by handprint, and signing has the same legal effect as pressing a fingerprint.
Legal basis
Civil Code of the People's Republic of China Article 143: Civil juristic acts that meet the following conditions are valid: (1) the actor has the corresponding capacity for civil conduct; (2) The expression of intent is true; (3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs.
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In principle, the contract is established and effective after being signed and confirmed by both parties. However, if the two parties have agreed on the effective conditions in the contract, the contract will only be formed after the contract is signed and confirmed by both parties, but it has not yet entered into force, and the contract can only take effect when the effective conditions agreed by the two parties are reached.
According to Article 502 of the Civil Code, a contract established in accordance with law shall take effect upon its establishment, unless otherwise provided by law or otherwise agreed by the parties.
In accordance with the provisions of laws and administrative regulations, if the contract shall go through formalities such as approval, follow those provisions. If the failure to go through formalities such as approval affects the effectiveness of the contract, it does not affect the validity of the provisions of the contract on the performance of obligations such as reporting for approval and the validity of the relevant clauses. If a party who should go through formalities such as applying for approval fails to perform its obligations, the other party may request that it bear responsibility for violating such obligations.
Article 502 of the Civil Code.
A contract established in accordance with law shall take effect upon its establishment, unless otherwise provided by law or otherwise agreed by the parties.
In accordance with the provisions of laws and administrative regulations, if the contract shall go through formalities such as approval, follow those provisions. If the failure to go through formalities such as approval affects the effectiveness of the contract, it does not affect the validity of the provisions of the contract on the performance of obligations such as reporting for approval and the validity of the relevant clauses. If a party who should go through formalities such as applying for approval fails to perform its obligations, the other party may request that it bear responsibility for violating such obligations.
In accordance with the provisions of laws and administrative regulations, where the modification, transfer, or termination of a contract shall be subject to approval and other formalities, the provisions of the preceding paragraph shall apply.
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