How is the rental contract legally effective, and is the rental contract legally effective?

A valid lease agreement is one that clearly stipulates the rent, lease period and liability for breach of contract.

As long as it does not violate the mandatory provisions of the law, public order and good customs are valid.

The validity of the rental contract depends on whether the following requirements for the contract to be valid, if so, the contract is valid, otherwise, the contract is invalid:

1. Both the lessor and the lessee have full capacity for civil conduct. Civil capacity refers to the ability of civil subjects to create civil rights or obligations through their own conduct.

2. The lease contract is the true expression of the intention of both parties. True expression of intent refers to the expression of the person, that is, the actor of the expression of intent, which should truly reflect the effect of the expression of the party, that is, the internal will of the parties and the external intention are consistent, that is, it is true.

3. The contract does not violate the mandatory provisions of laws and administrative regulations, and does not violate public order and good customs.

1. What are the legal requirements for the validity of a contract?

The requirements for the validity of the contract are as follows:

1. The intention of the parties to the conclusion of the contract is genuine. It means that the expressive act of the contracting party should truly reflect its inner effect meaning, that is, its effect meaning is consistent with the expressive act.

2. The subject matter of the contract must be determined and possible. The subject matter of the contract determines the quality and quantity of the rights and obligations of the contract, without which the contract loses its purpose, loses its positive meaning, and should be invalid.

3. The parties to the contract have the corresponding capacity for civil conduct.

4. The contract does not violate the mandatory provisions of laws and administrative regulations, and does not violate public order and good customs.

2. Whether the electronic contract is valid.

An electronic version of a contract has legal effect if it meets the requirements for the contract to be effective. The requirements for the contract to be effective are as follows:

1.The parties to the contract must have the corresponding capacity for civil conduct;

2.A contract is an expression of the true intention of the parties to the contract. True expression of intent refers to the expression of the person, that is, the actor of the expression of intent, which should truly reflect the effect of the expression of the party, that is, the internal will of the parties and the external intention are consistent, that is, it is true.

3.The content of the contract does not violate the law or the public interest.

Article 143 of the Civil Code provides that civil juristic acts that meet the following conditions 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.

Legal analysisAs long as the rental contract is the true expression of the intention of both parties, both parties to the contract have the corresponding civil capacity, and does not violate the law or the public interest, it is legal and valid. The lease contract does not need to be "notarized":

The contract is legally valid from the moment it is signed by both parties. Of course, if both parties are willing to notarize, notarization only makes the evidence of the contract stronger. Although the housing lease contract does not need to be "notarized", it is now generally stipulated that the housing lease contract needs to be "recorded" with the housing management department

The filing is only for the convenience of management, but does not affect the effectiveness of the contract.

Legal basisArticle 143 of the Civil Code of the People's Republic of China A civil juristic act that meets the following conditions is valid: (1) the actor 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.

Law of the People's Republic of China on the Administration of Urban Real Estate Article 54 For housing lease, the lessor and the lessee shall sign a written lease contract, stipulating the terms of the lease term, lease purpose, lease **, repair responsibility, etc., as well as other rights and obligations of both parties, and register with the real estate management department for the record.

Whether the rental contract has legal effect or not depends on the circumstances. The housing lease contract has legal effect after both parties sign or seal the contract; If the lease contract is not signed or sealed by both parties, it has no legal effect.

1. Can the contract take effect if it has not been altered?

Whether the altered contract is valid or not is determined on a case-by-case basis:

1. If the parties agree that it should be amended after negotiation, the amended contract shall be valid;

2. If the content changed by both parties in the contract is not clear, it shall be deemed invalid;

3. The modification of the contract shall be agreed by both parties, otherwise the modified contract shall be invalid;

4. If the content of the alteration on the contract is recognized by both parties and there is no objection, the contract has certain legal effect;

5. If one party modifies the contract without authorization, conceals the other party and has evidence, the contract is invalid;

6. The altered contract shall have the signatures and seals of both parties.

2. Whether the contract is valid with only the official seal.

A contract is valid as long as it is established in accordance with the law. The law does not stipulate that the contract must be sealed to take effect, the legal representative is the person who exercises the right to conclude the contract on behalf of the enterprise, if the legal representative signs the contract, but does not affix the official seal of the enterprise, under normal circumstances, the contract is valid, but if the two parties have clearly agreed in the contract, it must be signed and sealed before it can take effect, then the contract is only signed by the legal representative of the enterprise, and the contract is not effective.

3. Which finger is used to press the handprint in the purchase contract.

When pressing the mudra, civil acts (signing contracts, borrowing, loans, etc.) are customarily the index finger of the right hand. There is no clear legal rule on which finger to use when pressing the mudra. "Where a party concludes a contract in the form of a written contract, it shall sign or affix a seal.

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. In other words, there are three ways to sign a contract: signature, seal or fingerprint, all of which have the same legal effect.

The "handprint" here should be a fingerprint imprint, not a person's name badge. Any fingerprint of a person has the force of law.

Article 465 of the Civil Code provides that 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.

The lease contract is mainly based on the true intention of the parties, and there is no statutory invalidity, including the name, quantity, use, lease term, rent and payment period and method of the leased property, and the maintenance of the leased property. 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. Article 704 The contents of a lease contract generally include the name, quantity, purpose, lease term, rent and payment period and method of payment, and maintenance of the leased property.

Article 705 The term of the lease shall not exceed 20 years. If it is more than 20 years old, the excess part is invalid. Upon the expiration of the lease term, the parties may renew the lease contract; However, the agreed term of the lease shall not exceed twenty years from the date of renewal.

Article 502 of the Civil Code of the People's Republic of China provides 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, 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. Where, in accordance with the provisions of laws and administrative regulations, the modification, transfer, or termination of a contract shall go through formalities such as approval, the provisions of the preceding paragraph shall apply. Article 704 of the Civil Code of the People's Republic of China provides that the content of a lease contract generally includes the name, quantity, use, lease term, rent and payment period and method of payment, maintenance of the leased property, etc.