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In the process of signing a contract, everyone usually stamps their own fingerprints on their signatures, and many people often ask which fingers should be used to stamp their fingerprints when signing a contract, and is there any difference between using the left hand or the right hand? Here, I would like to tell you: China's law stipulates that if a fingerprint is placed on a contract, it has the same legal effect as a signature or seal.
However, the law does not specify which hand or finger is used to press the mudra. In other words, it is permissible to put a fingerprint on the contract with either the finger of the left or right hand. It's just that in daily life, everyone is used to using the thumb or index finger of the right hand.
Normally, the thumb and index finger of the right hand are relatively more important than the ten fingers, and they are not easy to miss. Therefore, it is recommended that you use the thumb or index finger of your right hand when stamping your fingerprint on the contract. Of course, the other fingers are the same and have the same legal effect.
Legal basis: Article 5 of the Interpretation II of the Contract Law of the People's Republic of China If the parties conclude a contract in the form of a contract, they shall sign or affix their seals. Where a party puts a fingerprint on the contract, the people's court shall find that it has the same legal effect as the signature or seal.
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Just place your hands naturally, and you can concentrate only if you are relaxed. The placement of the hands is not the main thing, the main thing is to visualize Vajrasattva in the mind and then concentrate on reciting the mantra.
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Legal Analysis: It is better to print it on the name in case it is taken advantage of by others, which is a form of self-protection. As long as the person's signature or seal is valid, the law does not stipulate that fingerprints must be pressed, this is just a traditional custom.
If the parties conclude a contract in the form of a written contract, the contract shall be formed when both parties sign or affix their seals.
Legal basis: Article 465 of the Civil Code of the People's Republic of China: 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.
Article 23 of the Civil Procedure Law of the People's Republic of China Article 23 Litigation arising from contract disputes shall be under the jurisdiction of the people's court at the place where the person is sued for domicile or where the contract is performed.
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Effective. The contract is not signed by fingerprint, and it is also valid if there is a signature, and the signature and the fingerprint have the same legal effect. As long as it is the person's signature, it is legally effective to press or not to press the handprint, if the other party repents and does not admit it, you can sue the court, and then there will be a professional handwriting signer to sign the signature handwriting, and after confirmation, you can also sue the other party for fraud.
As long as the handwriting of the signature is proved to be indeed signed by the person, the signature is valid, and the fingerprint is only a higher degree of proof. However, if a dispute arises in the future and the other party denies the signature, it is necessary to conduct handwriting appraisal, which is more difficult to prove than a contract with a lost seal. In addition, if the other party is a company or other organization, it should also have the seal of the company or other organization.
The relevant legal basis for the association of this key text].
Article 153 of the Civil Code of the People's Republic of China is invalid for civil juristic acts that violate the mandatory provisions of laws and administrative regulations, except where the mandatory provisions do not cause the civil juristic acts to be invalid.
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Legal Analysis: If an agreement signed with a fingerprint meets the requirements for a valid civil juristic act, the agreement is valid.
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 490:Where the parties conclude a contract in the form of a written contract, the contract shall be concluded 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.
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It's hard to say it's not legal.
In 2008, the employer signed a five-year labor contract with you, and as of January 1, 2010, you were still working in the employer It is an indisputable fact that you have had an employment relationship with the employer during these two years, and this will not be erased by the re-signing of the labor contract. At present, in addition to signing the contract, the labor and social security department also goes through the procedures for paying social insurance, and the unit should pay the annual insurance premiums for you, and the social security department will have written procedures for you to pay the insurance premiums. If you do not agree to accept the terms of the new contract, you can submit comments to the unit, because you say that the unit re-signed the contract in order to pay the insurance premium, then you can request the unit to extend the contract period of the new contract to the original five-year deadline. >>>More