If both parties agree to modify the terms of the contract directly, is the modification part valid?

Directly modifying the terms of the contract after both parties agree is invalid, and generally needs to be sealed or signed after the modification to be valid.

If the parties conclude a contract in the form of a written contract, the contract shall be formed 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. However, if the other party holds a contract with the same supplement, that part may be considered part of the original contract and have the same effect as the other parts.

Asking for a deposit or compensation will be supported. The contract cannot be changed at will after it is signed and takes effect, otherwise it is an invalid contract. Or sign and seal the place where it is changed.

Or simply redraft the contract and re-sign it.

1. After the contract is signed, if any party adopts illegal means to control others, steal the contract to modify or forge the contract for its own interests, the modified part of the contract shall be invalid, and the original content of the contract shall be maintained;

2. After the contract is signed, if any party wants to modify the contract, it must inform the other party, and after the agreement of both parties, re-sign the contract or modify or supplement the corresponding terms of the original contract, and affix the personal fingerprints of the official seals of both parties in the modified place; If there is only an oral agreement but no amendment to the contract or no fingerprint is stamped in any place where there is any modification or change, it shall be deemed invalid and the contract shall remain in force and the original content shall remain in force.

When a contract protected by law is established in accordance with the law, the legal binding force of the contract shall not be changed or terminated without authorization for the obligations of the parties to the contract that must perform their contract, that is, the legal effect.

Since the will of the parties to the contract is in line with the will of the state and the interests of society, the state gives binding force to the will of the parties to the contract and requires the parties to the contract to strictly perform the contract, otherwise it will rely on the coercive force of the state to require the parties to perform the contract and bear the liability for breach of contract.

Article 490 of the Civil Code of the People's Republic of China: Where the parties conclude a contract in the form of a written contract, the contract shall be established 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.

Generally speaking, the parties should sign a separate addition to the contract. In the case of the modification of the original contract, the additional part needs to have the signatures and seals of both parties. However, if the other party holds a contract with the same addition, that part may be considered part of the original contract and have the same effect as the other parts.

You will be supported if you ask for a deposit or compensation on this basis.

Pressing the handprint will be more secure.

Legal analysis: In the case of a loan contract written incorrectly, generally speaking, it must be corrected as soon as it is found, and most of the reasons for not agreeing to the amendment are because the wrong contract is beneficial to one of the parties, and it wants to use the wrong contract to seek illegal benefits. If the other party refuses to change it, then a valid contract will only harm the interests of one party, so if the contract violates the true will of the parties, a lawsuit can be filed with the court, asking the court to revoke the contract and dispose of the borrowed property.

Legal basis: Article 543 of the Civil Code of the People's Republic of China The parties may modify the contract if they reach a consensus through consultation. Where laws and administrative regulations provide that formalities such as approval and registration shall be handled for modification of a contract, follow those provisions.

The contract can be entered into force if it is modified by mutual agreement. After the two parties agree to amend the contract, it is necessary to sign a new contract or modify or supplement the corresponding terms of the original contract, and affix the official seals of both parties at the place of amendment.

1. Whether the altered part of the contract is valid.

After the contract is signed, if the contract is unilaterally altered and the original contract is changed, the changed part shall be invalid, and the content of the original contract shall be maintained. After the contract is signed, if either party wants to modify the contract, it must inform the other party, and after the agreement of both parties, sign the contract again or modify or supplement the corresponding terms of the original contract, and affix the official seals (personal fingerprints) of both parties in the modified place. If there is only an oral agreement but no amendment to the contract, or no seal (fingerprint) is affixed to any of the amendments, the amendment shall be deemed null and void and the contract shall remain in force and effect as it was.

2. Whether the contract change is valid.

Whether the contract change is valid or not depends on the following circumstances:

1. After the contract is signed, if either party adopts illegal means to control the person or steal the contract for its own interests, the modified part of the contract shall be invalid, and the content of the original contract shall be maintained;

2. After the contract is signed, if any party wants to modify the contract, it must notify the other party, and after consultation and agreement between the two parties, re-sign the contract or modify or supplement the corresponding terms of the original contract, and affix the official seals of both parties after the modification. If there is only an oral promise but the contract is not modified or stamped in any modified place, it shall be deemed invalid and the contract shall remain in force with the original content.

3. Is it valid to sign a supplementary agreement after the contract comes into effect?

After the contract comes into effect, the content that is not expressly agreed upon can be supplemented by agreement.

The supplementary agreement is an agreement to amend, add or delete part of the content of the contract, and has the same legal effect as the original contract.

It is binding on both parties to the contract, and sometimes the provisions of the supplementary agreement are superior to the original contract, because the supplementary agreement is a new agreement made in the original contract due to new circumstances or deficiencies.

Under normal circumstances, such a clause is written on matters not covered in this contract, and the two parties agree to sign a supplementary agreement, which has the same legal effect as this contract.

If there is no special provision in the original agreement, the supplementary agreement signed by both parties through consultation has the same legal effect as the original agreement, but in practice, the supplementary agreement is often more effective than the original contract.

Article 543 of the Civil Code of the People's Republic of China allows the parties to modify the contract if they reach a consensus through consultation.

Legal analysis: The contract can be modified by mutual agreement to take effect. After the two parties agree to the contract, it is necessary to re-sign the contract or modify or supplement the corresponding terms of the original contract, and affix the official seals of both parties in the modified place.

Legal basis: Article 543 of the Civil Code of the People's Republic of China The parties may change the contract by consensus.

The terms of the contract can be changed after negotiation between the parties. After the contract takes effect, if the parties have not agreed on the quality, price or remuneration, place of performance, etc., or the agreement is not clear, they may supplement it by agreement. If a supplementary agreement cannot be reached, it shall be determined in accordance with the relevant provisions of the contract or transaction customs.

If there is a major change, a new contract can be signed in place of the original one.

According to Article 543 of the Civil Code of the People's Republic of China, which came into effect on January 1, 2021, the parties may change the contract by consensus. Article 544 of the Civil Code: Where the parties are not clear about the content of the contract, it is presumed that it has not been changed.