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1. In principle, a legally established contract shall take effect from the time of its formation.
2. Where laws and administrative regulations provide that formalities such as approval and registration shall take effect, they shall take effect after completing formalities such as approval and registration in accordance with those provisions. For such a contract, if the parties have not gone through the approval formalities before the conclusion of the first-instance court's debate, or have not completed the formalities such as approval or registration, the people's court shall find that the contract has not taken effect.
Where laws and administrative regulations stipulate that a contract shall go through registration formalities, but do not provide that it shall take effect after registration, the failure of the parties to go through the registration formalities shall not affect the validity of the contract, but the ownership of the subject matter of the contract and other real rights cannot be transferred. According to the provisions of the Property Law, mortgage contracts and commercial housing sales contracts that need to be registered belong to this type of contract, that is, failure to register does not affect the validity of the contract, but only affects the establishment or transfer of real rights.
3 The parties may impose conditions or time limits on the validity of the contract. A contract with conditions for entry into force shall take effect when the conditions are fulfilled. A contract with a condition of termination shall expire when the condition is fulfilled.
Where a party improperly prevents the fulfillment of a condition for its own interests, it is deemed that the condition has been fulfilled; Where conditions are improperly promoted, it is to be viewed as conditions not being fulfilled. A contract with an effective period shall take effect at the end of the term. A contract with a termination period shall expire upon the expiration of the term.
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All of them are effective from the date of signing the contract.
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The legal analyst shouted:
The real estate mortgage contract is a Zhao Songye form contract, and both parties sign or seal the contract, which is established and effective. Unless otherwise provided by law or otherwise agreed in the contract, such as conditions or time limits.
The effectiveness of the pledge contract does not take effect when the contract is concluded, but when the pledgee hands over the pledge to the possession of the pledgee.
Legal basis: Civil Code of the People's Republic of China Article 425 Where the debtor or a third party pledges its movable property to the creditor for the possession of the debt in order to guarantee the performance of the debt, and the debtor fails to perform the due debt or the pledge is realized as agreed by the parties, the creditor has the right to be repaid in priority for the movable property. The preceding paragraph stipulates that the debtor or third party of Sakura is the pledgee, the creditor is the pledgee, and the movable property delivered is the pledged property.
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The pledge contract is a written guarantee contract reached between the pledgor and the pledgee on the pledge security matters based on the main debt contract. The effective time of the pledge contract is the time when the contract is established, but there are exceptions, the pledge contract on the voucher needs to take effect after the voucher is delivered, and the share ** pledge contract needs to take effect from the date of registration. Article 502 of the Civil Code stipulates 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, the provisions shall be followed. If the failure to go through the formalities such as approval affects the validity of the contract, it does not affect the validity of the obligations such as reporting for approval and the relevant clauses in the contract. 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, the provisions of the preceding paragraph shall apply to the modification, transfer, or termination of a contract in circumstances such as approval and other formalities.
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