Does the contract have to be signed face to face Does the contract have to be signed face to face?

Yes, it doesn't have to be face-to-face, it can be mailed, but it needs to prevent the other party from taking advantage of this to commit fraud.

As long as both parties agree to sign the contract by mail, it is legal and valid to adopt this method. If one party disagrees, it cannot be done this way.

Article 9 of the Contract Law The parties to a contract shall have the corresponding capacity for civil rights and civil conduct. The parties may entrust a person to conclude a contract in accordance with the law.

Article 10 The parties shall conclude a contract in written, oral and other forms.

Where laws and administrative regulations provide for the use of written form, written form shall be used. Where the parties agree to use written form, it shall be in written form.

Article 11 Written form refers to the form in which the contents of the contract, letter and data message (including telegram, telex, fax, electronic data interchange and e-mail) can be tangibly expressed.

Contract Law. Article 32 Where the parties conclude a contract in the form of a written contract, the contract shall be concluded when both parties sign or affix their seals.

Article 33: Where the parties conclude a contract in the form of letters, data messages, etc., they may request the signing of a confirmation before the contract is concluded. The contract is concluded when the confirmation is signed.

In order to prevent fraudulent acts by the other party, you can ask for a confirmation letter.

Not necessarily, the form of the contract can be negotiated between the two parties.

Legal analysis: No, the contract can be signed in written, oral or other forms, and can be signed in person or by mail, letter, telegram, etc.

Legal basis: Article 469 of the Civil Code of the People's Republic of China: When the parties conclude a contract, they may use written, oral or other forms to hold it blindly. The written form is a form in which the contents of the contract, letter, telegram, telex, fax, etc. can be tangibly expressed.

The data message that can be tangibly expressed in the form of electronic data exchange, e-mail, etc., and can be retrieved at any time shall be regarded as written form.

Legal analysis: The signing of a contract does not require the parties to sign it in person. When one party signs first, the contract is signed or sealed by the next party.

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 that can tangibly represent the contents of a contract, letter, telegram, telex, fax, etc.

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.

Article 470 The parties may conclude a contract by way of offer, acceptance or other means.

Article 472:An offer is an expression of intent to conclude a contract with another person, and the expression of intent shall meet the following conditions:

1) The content is specifically determined;

2) Indicate that the offeror is bound by the expression of intent if it undertakes to accept it.

Article 482: Where an offer is made by letter or telegram, the duration of the offer shall commence from the date specified in the letter or the date of delivery of the telegram. If the letter is not dated, it shall be counted from the date of posting of the letter. If the offer is made by means of rapid communication such as **, fax, e-mail, etc., the commitment period shall be calculated from the time when the offer reaches the offeree.

Article 483:The contract is formed when the undertaking takes effect, except as otherwise provided by law or otherwise agreed by the parties.

Article 484:The provisions of article 137 of this Law apply to the time when commitments made by way of notice take effect.

If the undertaking does not require notification, the undertaking shall take effect when the undertaking is made in accordance with the trading habits or the requirements of the offer.

Legal Analysis: Not a must-go. After going to the interview, the contract was signed without officially going to work, and it should be said that it was only an intentional labor contract, and there was no contract that really established a de facto labor relationship, and the labor relationship has not yet taken effect.

If it is clear that the employee does not go, the employee needs to notify the employer in writing 30 days in advance, and the labor contract may be terminated. During the probationary period, the employee may terminate the employment contract if he or she notifies the employer three days in advance.

Legal basis: Article 10 of the Labor Contract Law of the People's Republic of China A written labor contract shall be concluded to establish a labor relationship. If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment.

If the employer and the employee conclude a labor contract before employment, the employment relationship shall be established from the date of employment.

With the continuous improvement of people's awareness of the rule of law, more and more people choose to sign contracts to avoid legal risks. Generally speaking, both parties can take effect if they sign and seal the contract according to the agreement, but if the contract is not signed in person, whether it is valid, in response to this question, today we will answer for you whether the contract must be signed in person to be valid, I hope it will help you. 1. Does the contract have to be signed in person to be valid?

The contract does not need to be signed in person by both parties. When one party signs first, the contract is signed or sealed by the next party.

2. How to determine the time when the contract is signed

In general, contracts are formed first and then come into force. The establishment of the contract requires the agreement of the two parties to the contract, and the effectiveness requires legal judgment. However, there are exceptions, such as employment contracts, where due to the existence of de facto employment relationships, often the employment relationship established by the employment contract has already been established at the time of the conclusion of the employment contract.

In addition, there are oral contracts and written contracts, and oral contracts are more lenient. According to the relevant provisions of the current law, the parties may agree on conditions on the validity of the contract. A contract with conditions for entry into force shall take effect when the conditions are fulfilled.

A contract with a condition of termination shall expire when the condition is fulfilled. Where a party improperly prevents the conditions from being achieved for their own benefit, it is deemed that the conditions have been fulfilled; Where conditions are improperly promoted, it is to be viewed as conditions not being fulfilled. The parties may agree on a time limit for the validity of the contract.

A contract with an effective period shall take effect at the end of the term. A contract with a termination period shall expire upon the expiration of the term.

3. How to determine the place where the contract is signed

The rules for determining the place where the contract is signed are based on the principle of actual performance. As for the rules for determining the "place of performance of the contract", in a nutshell, it is as follows: if there is an agreement and the place of performance is not agreed in the contract or the agreement is not clear, it shall be determined in accordance with the Civil Code, that is, if the subject matter of the dispute is the payment currency, the place where the party receiving the currency is located is the place where the contract is performed; If the immovable property is delivered, the place where the immovable property is located is the place where the contract is performed; For other subject matter, the place where the party performing the obligation is located is the place where the contract is performed, and the place where the contract is settled immediately is the place where the transaction is performed.

Article 18 of the Judicial Interpretation of Civil Procedure stipulates that where the contract stipulates a place of performance, the agreed place of performance shall be the place of performance of the contract. If there is no agreement on the place of performance in the contract or the agreement is not clear, and the subject matter of the dispute is the payment currency, the place where the party receiving the currency is located is the place where the contract is performed; If the immovable property is delivered, the place where the immovable property is located is the place where the contract is performed; For other subject matter, the place where the party performing the obligation is located is the place where the contract is performed.

For contracts that are settled immediately, the place where the transaction is performed is the place where the contract is performed.

According to the laws of the law, it can be known that the signing of the contract does not need to be signed by both parties in person. When one party signs first, the contract is signed or sealed by the next party.