Under what circumstances will a contract take effect?

The contract can be effective when both parties express their true intentions unanimously and sign and seal, and no additional notarization is required.

Because of the legal benefits!

The validity of the contract means that the contract that has been established is legally binding, and whether the contract is effective depends on whether the valid conditions stipulated by law are met. Article 44 of the Contract Law stipulates that "a contract established in accordance with law shall take effect upon its formation. ”

Substantive requirements for the entry into force of the contract:

First, the parties must have the corresponding capacity for civil conduct. Since civil juristic acts are based on expressions of intent and aim to produce certain legal effects, the parties to a contract must have the corresponding capacity for civil conduct and be able to correctly understand the meaning and consequences of their acts.

The second is that the meaning is true. The expression of intention is a condition for the validity of all civil juristic acts. It is also a core element of the validity of the contract.

If the intention of the parties to the contract is untrue, or if the intention of the parties to the contract is not true, or if they take advantage of the danger of others, or if they evade the law, or if they act contrary to their true intentions, the contract will not be legally valid.

Third, it does not violate the law or the public interest. The content and purpose of the contract shall not violate the mandatory provisions of national laws and regulations; When there are no provisions in laws and regulations, the prohibitive provisions of relevant state provisions must not be violated. At the same time, the content and purpose of the contract shall not harm the interests of others and endanger the interests of the state or the public interest.

In addition, where the law expressly provides, the contract should also conform to the statutory form.

The general requirements for the entry into force of a contract refer to the conditions that should be met for a contract to be legally effective. A contract is a civil act of two or more parties, and a valid contract is a legal civil act, that is, a civil juristic act, so the conditions that a civil juristic act should have, that is, the general conditions for the contract to take effect.

Article 55 of the General Principles of the Civil Law stipulates that: "Civil juristic acts shall meet the following conditions:

1) The actor has the corresponding capacity for civil conduct;

2) the meaning is true;

3) do not violate the law or the public interest".

Legal analysis: If it is not invalid, it is a valid contract. The contract shall be invalid under any of the following circumstances:

1. Concluded by means of fraud or coercion; 2. Malicious collusion to damage 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. The trapped cover violates the provisions of laws and regulations.

Legal basis: Article 153 of the Civil Code of the People's Republic of China Violations of mandatory provisions of laws and administrative regulations are invalid. However, the mandatory provisions do not lead to the invalidity of the civil juristic act.

Civil juristic acts that are contrary to public order and good customs are invalid.

Legal Analysis: A valid contract is not within the circumstances of invalidity. The contract shall be invalid under any of the following circumstances:

1. Concluded by means of fraud or coercion; 2. Malicious collusion to damage 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. Violation of laws and regulations.

Legal basis: Article 153 of the Civil Code of the People's Republic of China Civil juristic acts that violate the mandatory provisions of laws and administrative laws are invalid. However, the mandatory provision does not lead to the invalidity of the civil juristic act.

Civil juristic acts that are contrary to public order and good customs are invalid.

Legal Analysis: 1. Substantive Requirements:

1) The meaning is true.

2) It does not violate the law or the public interest, and this element is for the purpose of the contract and the content of the contract. The purpose of a contract is to achieve the effect that the parties wish to achieve by entering into the contract. The content of the contract refers to the object to which the rights and obligations specified in the contract are directed.

2. If the parties conclude a contract in the form of a contract, the contract shall be formed when both parties sign or affix their seals.

3. A contract established in accordance with the law shall take effect from the time of its establishment.

4. Where laws and administrative regulations stipulate that approval, registration and other formalities shall take effect, such provisions shall be followed. Pickpocketing.

Legal basis: Civil Code of the People's Republic of China

Article 465: Minkai is protected by law for contracts established in accordance with law. A contract established in accordance with law shall only be legally binding on the parties, unless otherwise provided by law.

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 formed when one of the parties has fulfilled its primary obligations and the other party has accepted it before signing, stamping or fingerprinting. 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.

Contracts concluded under the following conditions are null and void:

1. Civil juristic acts carried out by persons without capacity for civil conduct;

2. Civil juristic acts carried out by false expressions of intent;

3. Civil juristic acts that violate the mandatory provisions of laws and administrative regulations;

4. Civil juristic acts of malicious collusion that harm the lawful rights and interests of others.

[Legal basis].Article 144 of the Civil Code.

Civil juristic acts carried out by persons without capacity for civil conduct are invalid.

Article 146.

Civil juristic acts carried out by the actor and the counterpart with false expressions of intent are invalid. The effect of concealing the use of false expressions of intent in civil law is to be handled in accordance with the relevant legal provisions.

Article 153.

Civil juristic acts that violate the mandatory provisions of laws and administrative regulations are invalid. However, the mandatory provisions do not lead to the invalidity of the civil juristic act. Civil juristic acts that are contrary to public order and good customs are invalid.

Article 54 of the 100th Trouble.

Civil juristic acts where the actor maliciously colludes with the counterpart, harming the lawful rights and interests of others, are invalid.

Article 505.

The validity of a contract concluded by the parties beyond the scope of business shall be determined in accordance with Section 3 of Chapter VI of Part I of this Law and the relevant provisions of this Part, and the contract shall not be invalid solely on the basis of exceeding the scope of business.

According to Article 143 of the Civil Code, a contract is valid if it meets the following conditions: (1) the actor has the corresponding capacity for civil conduct; 2) The meaning is genuine; (3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs. Article 502:A contract established in accordance with the law of early limb 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 performance of the Yiqiao escort clauses in the contract, such as reporting for approval, and related clauses. Article 143 of the Civil Code provides that civil juristic acts that meet the following conditions are valid:

1) The perpetrator has the corresponding capacity for civil conduct; 2) The meaning is genuine; (3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs. Article 502 of the Civil Code provides that 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. Where 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 that obligation. Where, in accordance with the provisions of laws and administrative regulations, the modification, transfer, or termination of a contract shall go through formalities such as approval, the provisions of the preceding paragraph shall apply.

Legal Analysis: The conditions for the contract to enter into force are:1

The parties have the corresponding capacity to conclude the contract; 2.The meaning means that it is true; 3.It does not violate the law and the public interest.

It does not violate the mandatory provisions of laws and administrative regulations, and does not violate public order and good customs.

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; (Erdong Rent Tong) means true; (3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs.