Can the contract not be stamped with the sewing seal, and is the contract valid without the stamping

There is no legal requirement for contracts to be stamped. The Contract Law mentions that if the parties conclude a contract in writing in the process of concluding it, the contract will be deemed to be formed as long as both parties sign or affix their seals. In real life, we can see that many legally binding contracts do not have a seal or page number, which does not have much impact on the parties.

The reason why there is an extra seal on the contract is to keep the more important documents from being changed at will and to keep them well. After stamping the seal on the document, the entire contract can be seen to restore the seal to the original seal, and the other party cannot change the content of the contract at will, nor can it deny the content of the contract. In this way, we can avoid the trouble or loss caused by the other party modifying the content of the contract or not acknowledging the content of the contract.

In fact, the function of the seal is similar to that of the steel seal, after the seal is stamped on the document, others can not easily add or delete page numbers in the document. In this way, we can easily see whether there are more pages or fewer pages. Others will not be able to delete a page from the document, or add pages to make a mistake.

The integrity of the contract documents can be maintained.

Legal basis: Article 32 of the Contract Law of the People's Republic of China.

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

How many copies of the contract should I have? Do you want to stamp the stamp? Authoritative answers to frequently asked questions about novice bosses!

The contract is also valid if it is not stamped. In the process of signing the contract, the two parties should abide by the purpose of signing the contract, which is to make a specification for the rights and obligations of both parties, so as to prevent accidents from having no basis for litigation, so in the process of signing the contract, we must find various ways to maximize the effectiveness of the contract, so in the actual operation, there are many people who choose to stamp a seam seal in the middle of the page after signing the contract. to prove that the contract is a legally binding contract signed by both parties, and to prevent people from replacing the middle page number.

The specific analysis is as follows:

1. Because in the process of signing the contract, in some more complex cases, the contract is divided into many pages, so the inner page in the middle of a contract book is easy to be replaced because there is no signature or fingerprint of both parties, so at this time, a riding seal is stamped between the pages, so that the page number can be restored to a complete seal, which can prove that the contract is signed by both parties, not the kind that has been replaced;

2. The role of the whole riding seal is reflected here. In addition, there is no help for the contract, so if you want the seal to be effective, you must pay attention to the position of the seal;

3. If the two parties agree to use the riding seal, then the seal must be pressed to the side seam, and the ordinary seal must be pressed to the signature of the parties or the year, month and day, but the riding seal is different, and it must be pressed to the seam. This seal should be evenly covered in the middle of the folded two pieces of paper, again, the seal will be completely restored, and when it is closed, the seal is half of a piece of paper, so that the effect can achieve the role of riding the seal;

4. If the seal is printed in this way, it can avoid some people with bad ideas from replacing some content in the middle, resulting in damage to the rights of the right holder, if the content is found to be replaced in the process of litigation, and at this time the contract has a seal, you can take this out as evidence to tell the judge that the content has been replaced, and it is not the original contract that the other party is providing false proof, and the possibility of winning the lawsuit will be relatively large.

Legal basisArticle 143 of the Civil Code Law of the People's Republic of China.

Civil juristic acts that meet the following conditions are valid:

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

2. The meaning is true;

3. Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs.

Article 490.

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.

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.

Legal analysis: If the contract is not stamped, it will not affect the validity of the contract. Even if the contract is valid if it meets the requirements for effectiveness stipulated by law.

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;

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:Contracts established in accordance with law shall take effect upon their establishment, unless otherwise provided by law or otherwise agreed by the parties.

How many copies of the contract should I have? Do you want to stamp the stamp? Authoritative answers to frequently asked questions about novice bosses!

Legal analysis: the failure of the source burial contract to be stamped does not affect its validity, as long as the contract is established in accordance with the law, it is valid.

The contract is valid if it is not stamped. According to the laws and regulations, the contract shall be concluded by the parties through consultation and shall come into force after being signed by the parties or stamped with the seal of the parties. As long as the parties to the contract sign or seal the text of the contract, and the signature or seal meets the statutory requirements, the validity of the contract shall not be affected if there is no seal.

However, without the seal of the contract, under certain conditions, there is a greater risk of the inner page of the contract being replaced, which will cause losses to the party to the contract and should be compensated. Article 16 of the Labor Contract Law of the People's Republic of China stipulates that the labor contract shall be agreed upon by the employer and the employee through consultation; It shall take effect upon the signature or seal of the labor contract between the employer and the employee. The employer and the employee shall each hold one copy of the labor contract.

Legal basis: Article 502 of the Civil Code of the People's Republic of China 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.

According to the relevant laws and regulations, the contract shall be concluded by the parties to the contract through consultation, and shall be signed by the parties to the contract text or returned to the seal to take effect. The text of the contract shall be one copy of each of the parties to the contract. The main purpose of riding the seal is to avoid the replacement of the inner page of the contract, resulting in the change of the content of the contract, which has no impact on the effect.

Since the inner pages of the contract will not involve the omission of the chamber to each page has a manual filling part, it is easy to be replaced by fraud when encountering all the printed inner pages, so stamping the sewing seal is a guarantee for both parties. The law does not require that the contract must be stamped with a seal, which means that a contract without a seal is also valid, but the role of a seal is to prevent risks. Because of the stamping of the seal, the contract as a whole can be restored to the original seal, so it can prevent the other party from changing the content of the contract, prevent the other party from denying the content of the contract, and avoid unnecessary troubles, disputes and losses caused by the replacement of the content of the contract or the denial of the content of the contract.

Labor Contract Law of the People's Republic of China Article 16 A labor contract shall be agreed upon by the employer and the employee through consultation, and shall be signed or sealed by the employer and the employee on the text of the labor contract. The employer and the employee shall each hold one copy of the labor contract.