Is the electronic contract valid if it is not signed by the person?

[Legal Analysis].Under normal circumstances, the validity of an electronic contract that I have not signed depends on the actual situation. If the authorized person adopts the electronic signature technology, that is, they use the digital certificate issued by the third-party electronic certification authority** to sign the electronic contract and the text of the agreement. Then the electronic contract has legal effect.

An electronic contract that has not been authorized or signed by the person is invalid.

[Legal basis].Electronic Signature Law of the People's Republic of China》 Article 3: The parties may agree to use electronic signatures or data messages in contracts or other documents, documents, and other documents in civil activities. Where the parties agree to use electronic signatures or data messages, their legal effect must not be denied solely because they are in the form of electronic signatures or data messages. The provisions of the preceding paragraph do not apply to the following instruments:

1) Involving personal relationships such as marriage, adoption, or inheritance;

2) Involving the transfer of rights and interests in real estate such as land and housing;

3) Involving the cessation of water supply, heat supply, gas supply, power supply and other public utility services;

4) Other situations where laws and administrative regulations provide that electronic documents do not apply.

If the contract is not signed by the person, even if there is legal responsibility, it is not something you need to bear! Rather, it is attributed to the signatory of the contract, and if there is no signatory, the contract is not established.

Especially now that electronic contracts are prevalent, many people may just provide information such as ** number, without signing, and then be told to sign an electronic contract.

Now the question is: how do you prove that you did not sign this electronic contract?

According to your description, is it to use your ** number to sign an electronic contract? Or do you use your mobile phone to complete the signing of the electronic contract?

1. If you just take your ** number as one of the parties, and then you don't provide other things, such as face recognition, mobile phone verification code, and other identity authentication things, then such an electronic contract can basically be said to have nothing to do with you.

2. If you participate and use your mobile phone to operate, such as real-name authentication, face recognition, mobile phone verification code, etc., and even a third-party CA certified digital certificate, the electronic contract may take effect.

Generally speaking, without a handwritten electronic signature, if there is no third party to authenticate your identity and issue a digital certificate to you, not a digital certificate controlled only by you, the signing of electronic contracts is invalid.

If you enter your signature by hand on an electronic device, the other party may use handwriting to record biometric data, and if you can verify that it is your handwritten signature through this part of the data, then your electronic signature is valid, and the electronic contract will most likely take effect.

Effective. When signing an electronic contract, you need to verify your wishes.

If the subject provides relevant information to someone else to operate and sign a contract, then this person completes the signing of the contract on behalf of you, which has the corresponding legal effect.

Regardless of whether it is an electronic contract or a paper contract, it is invalid if it is not signed by the person. Of course, in special circumstances, if there is a written power of attorney to search for this, authorizing another person to sign on behalf of the person has legal effect.

1. The perpetrator has the corresponding capacity to act. 2. The meaning is true. 3. Do not violate the law or the public interest.

These conditions are the general requirements for the contract to take effect, and some electronic contracts also need to have special requirements, such as some special electronic contracts need to go through the approval and registration procedures with the relevant departments before they can take effect. The following requirements must be met for the validity of an electronic contract: 4. The actor has the corresponding capacity for civil conduct.

The requirement that the actor has the corresponding capacity for civil conduct is also known as the principle of capacity or the principle of subject qualification. The perpetrator must have the ability to respond quietly and correctly understand the nature and consequences of his or her actions, and to express his or her intentions independently. Therefore, an electronic contract that is not signed by the person is invalid.

Legal basis: Article 469 of the Civil Code of the People's Republic of China: When the parties conclude a contract, they may use written form, oral form or other forms of slag removal. 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 by means of electronic data interchange, e-mail, etc., and which can be accessed at any time for reference, shall be considered in writing.