Can an incomplete contract be signed?

1. The key is to see what is blank in other projects. If there is a blank salary, will you sign it?

2. Of course, to sign the contract, it is best to make the unclear as clear as possible. The contract must be signed by the company or signed by the legal representative (the key is to ensure that it is signed by him) before it is binding on the company. The rest of the items are blank, depending on whether you pay attention to it.

Of course, the salary can also be determined by the salary slip signed when the actual salary is paid, but when it comes to disputes, it is always a little troublesome.

3. The probationary period is 6 months, usually the contract period is longer, according to next year's contract law, it will take at least 3 years of contract to have such a long probationary period. Therefore, normally, the company must be suspected of violating the law, and if you want to leave, you can go to the supervision department of the labor bureau to complain and report in advance.

No. Once you sign the contract, it's small.

Then your rights cannot be guaranteed.

The contract is a matter of interest to both parties, and it is of course not possible to sign if it is incomplete.

It is a forced contract, according to the new labor law, the company is playing hide and seek, do not worry, sign with confidence.

Of course not, God knows what will be added to it in the future?

Go to the TV station and report it and expose him. Isn't this a "bully clause"? Urge the public security department to intervene.

If the contract is signed without reading the content of the contract, it is tacitly assumed that the content of the contract is the true expression of the intention of the parties, and the contract is established and effective after signing. If the contract is obviously unfair, or there is a material misunderstanding, the parties may apply for rescission of the contract, and the contract will not have legal effect after revocation. The types of material misunderstandings in contracts are as follows:

1. Misunderstanding of the nature of the contract;

2. Misunderstanding of the other party;

3. Misunderstanding of the subject matter;

4. Misunderstanding of the quantity of the subject matter;

5. Misunderstanding of the quantity, packaging, performance method, place of performance, and performance period of the subject matter.

The following principles shall be observed in the conclusion of the contract:

1. The principle of equality. This principle has three components:

1) The legal status of all parties to the contract is equal;

2) Reciprocity of rights and obligations in the contract;

3) The parties to the contract must fully negotiate and reach an agreement on the terms of the contract before the contract can be established.

2. Voluntariness. The principle of voluntariness is carried out throughout the entire process of contractual activities and includes the following:

1) Whether to conclude a contract voluntarily, the parties decide whether to sign the contract according to their own wishes;

2) with whom the contract is voluntary, and when signing the contract, the right to choose the other party;

3) The content of the contract is voluntarily agreed upon by the parties without violating the law;

4) In the process, the parties may agree to supplement or change the relevant content;

5) Both parties may also terminate the contract by agreement.

3. The principle of fairness;

4. The principle of good faith.

Legal basisCivil Code of the People's Republic of China

Article 146:[Effect of False Representation and Concealment]Civil juristic acts carried out by the actor and counterpart with false expressions of intent are invalid. The effectiveness of civil juristic acts concealed by false expressions of intent is to be handled in accordance with the relevant legal provisions. Article 147:[Effectiveness of Civil Juristic Acts Carried Out Based on Major Misunderstandings]The perpetrator has the right to request that the people's courts or arbitration bodies revoke civil juristic acts carried out on the basis of major misunderstandings.

Article 148:Where one party uses fraudulent means to cause the other party to carry out a civil juristic act contrary to its true intentions, the defrauded party has the right to request that the people's court or arbitration institution revoke it.

The contract has already entered into force when signed by both parties. If the terms of the contract are not perfect, you can complete it with an additional contract that is purely a pure defense.

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

Article 464:A contract is an agreement between civil entities to establish, modify, or terminate a civil legal relationship.

Marriage, adoption, guardianship, and other agreements related to status relationships shall be governed by the laws and regulations on such status relationships; Where there are no provisions, the provisions of this Part may be applied by reference on the basis of their nature.

Article 465:Contracts established in accordance with law are protected by law.

A contract established in accordance with law shall only be legally binding on the parties, unless otherwise provided by law.

Fourth, the content of the contract shall be agreed upon by the parties, and generally include the following clauses:

1) The names and addresses of the parties;

b) the subject matter; iii) quantity;

iv) Quality; 5) Price or remuneration; Thick height.

6) the period, place and method of performance;

7) Liability for breach of contract;

8) Methods of Dispute Resolution.

The parties may conclude a contract with reference to the model texts of various types of contracts.

Legal Analysis: Case-by-case analysis. Contracts are generally not valid if they are not signed and confirmed, but they will also come into force if the statutory circumstances are met.

Legal basis: Civil Code of the People's Republic of China Article 502 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 the 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 the obligation to submit for approval and other related 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.

In accordance with the provisions of laws and administrative regulations, if the modification, transfer, termination of the contract and other circumstances shall go through approval and other formalities, the provisions of the preceding paragraph shall apply.

If the contract is not signed, stamped or fingerprinted, the contract is valid. The contract is formed when it is neither signed, sealed or fingerprinted, but one of the parties has fulfilled its main obligations and the other party has accepted it.

1. Is it valid to only press the handprint without signing?

If you only press your fingerprint and don't sign it, whether the contract is valid or not depends on the situation. If the law does not provide for it, or the parties have not agreed on the manner in which the contract is to be concluded, the contract shall be formed from the time when both parties are fingerprinted, and the contract established in accordance with the law shall take effect from the time of its formation, unless otherwise provided by law. According to Article 490 of the Civil Code implemented in 2021, if the parties enter into a Hesou Hutong in the form of a 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.

2. How to determine the time when the contract is established?

The methods for determining the time of the conclusion of the contract are: 1. When the general commitment takes effect, that is, the contract is formed when all parties sign, seal or press the fingerprint; 2. If one party has fulfilled the main obligation and the other party has accepted it, the contract can also be formed. According to Article 490 of the Civil Code implemented in 2021, if the parties conclude a contract in the form of a 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 it is signed, stamped or fingerprinted. When laws and administrative regulations stipulate or the parties agree that the 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.

3. How long is the validity period of the purchase contract?

There is no such thing as an expiration date in the purchase contract.

If there is no special agreement on the conditions and time limit for taking effect, it will be established after the signature of the general parties, and it will take effect when it is established.

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.

Civil Code of the People's Republic of China

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: the signature is invalid when the contract is not clear, as follows:

1. The fax paper used by some enterprises is heat-sensitive paper, and the handwriting on the paper will gradually blur and disappear over time, and in the event of a dispute in the future, it is impossible to prove the content of the contract signed at that time;

2. The fax is electronic evidence, which cannot be used as original evidence and direct evidence, cannot directly prove the relevant facts, cannot be directly accepted by the court, and must be combined with other evidence to prove the relevant facts.

Legal basis: Article 469 of the Civil Code of the People's Republic of China The parties may conclude a contract in written, oral or other forms. 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 in electronic data interchange, e-mail, etc., and that can be accessed at any time shall be deemed to be in writing.