Is the signatory certificate invalid? Is a signature valid only for stamping?

Updated on society 2024-07-15
4 answers
  1. Anonymous users2024-02-12

    Legal analysis: The agreement to sign and seal takes effect, and only the contract has taken effect. Because the signature and seal are said together, it is because the signature refers to the individual, and the seal refers to the unit.

    If both parties are individuals, of course, there is no problem of sealing, so as long as no unit is a party to the contract, both parties sign, the contract will take effect. If one of the parties is a unit, it must be signed by one party and sealed by one party before it can take effect.

    Legal basis: Civil Code of the People's Republic of China Article 469 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 expressed by means of electronic data interchange, e-mail, etc., and that can be accessed at any time for reference shall be deemed to be in writing.

  2. Anonymous users2024-02-11

    Legal analysis: If the contract is signed in accordance with the laws and regulations, even if the last party is the first party or both parties only seal and do not sign, it is still determined that the contract has legal effect. Nowadays, many companies have more chapters, which have also made distinctions, including what official seals, contract seals, etc., it should be noted that the effectiveness of these chapters is also different.

    Legal basis: Article 490 of the Civil Code of the People's Republic of China 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.

    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.

  3. Anonymous users2024-02-10

    1. Is the signature valid only for the signature?

    1. The signing of the contract is invalid if it is signed only. Signature refers to signature and seal, if the signature is required when entering into a contract, then it is not possible to just sign, but also need to be sealed, both are indispensable. Both the signature and the seal have the same legal effect.

    2. Legal basis: Article 143 of the Civil Code 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 genuine;

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

    Second, is the technical contract valid if it is only covered and not signed?

    If the parties conclude a contract in writing, it shall be established when both parties sign or affix their seals. In this regard, it cannot be inferred, that is, it cannot be considered that the contract is not valid as long as the parties do not sign or seal the contract. This should be determined on a case-by-case basis

    1. If the contract requires that the contract be established with signature and seal, the contract is not established because it does not have the requirements for validity;

    2. If the contract does not require the contract to take effect as a condition that the contract is signed and sealed at the same time, the contract that is not signed after the contract is stamped with the official seal is also established.

    If a contract is concluded in the form of a written contract, if one of the parties has fulfilled its main obligations and the other party has accepted it before signing or sealing, the contract is also established, that is, even if the signature and seal are not carried out, but if one party has fulfilled the main contractual obligations and the other party accepts the state, then the contract is also established.

  4. Anonymous users2024-02-09

    Legal Analysis: No. If you need to sign when you sign a contract, then you can't just sign it, you also need to seal, both are indispensable. Both signatures and seals have the same legal effect.

    Legal basis: Article 143 of the Civil Code of the People's Republic of China.

    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.

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