Is it legal for a signature to be different from a fingerprint?

Legally binding. If a contract is signed, it has legal effect as long as both parties express the same intention and do not violate the mandatory provisions of the law. Both parties shall strictly abide by it.

When signing a contract, if there is only a signature, or only a fingerprint, or if there is a signature and a fingerprint, it is deemed that the parties have recognized the content of the contract and has legal effect. Contracts are protected by law.

Legal analysisThe conditions for a contract to have legal effect are: 1. The parties have the corresponding capacity for civil conduct. Civil capacity includes contractual capacity and corresponding contractual capacity, which is the basic condition for the parties to understand and grasp the development status and legal effect of the contract.

In principle, a natural person must have full capacity to sign a contract, and persons with limited capacity and incapacity shall not sign the contract in person, but shall be signed by their legal person. Persons with limited capacity may independently enter into contracts for pure benefits or contracts that are appropriate to their age, intelligence, or mental health. For non-natural persons, they must have the capacity for contractual conduct only after the legal procedures have been established.

At the same time, it must also have the corresponding contracting capacity, that is, it must sign the contract within the scope of the authority granted by laws, administrative regulations and relevant departments. 2. The intention of the parties is true. The expressive act of the contracting party should truly reflect its inner meaning of effect, that is, its effect meaning should be consistent with the expressive act.

The expression of intent is not true, and the effect on the validity of the contract should be determined on a case-by-case basis. In the event of a general misunderstanding, etc., the contract remains valid. In the event of a material misunderstanding, the contract may be varied or revoked.

The contract may be modified or revoked if the contract is manifestly unfair due to the danger of the person. In the case of a contract formed due to fraud or coercion, the contract shall be invalid if the interests of the state are harmed; The contract may be varied or revoked if it is not prejudiced to the interests of the State. 3. Do not violate the law or the public interest.

4. 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. The possibility of the subject matter of the contract refers to the possibility of the payment of the contract.

The determination of the subject matter of the contract refers to the determination of the subject matter of the contract from the beginning, or can be determined.

Legal basisCivil Code of the People's Republic of China Article 143: Civil juristic acts that meet the following conditions are valid: (1) the actor has the corresponding capacity for civil conduct; (2) The expression of intent is true; (3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs.

According to Article 5 of Paragraph (2) of the Judicial Interpretation of the Contract Law, the signature, seal and fingerprint of the contract shall have the same legal effect.

As long as it is the person's signature, it is legally efficient to press or not to press the handprint, if once the other party repents and does not admit it, you can sue the court, and then there will be a professional handwriting appraiser to identify the signature handwriting.

As long as a civil act is stamped or signed with legal effect, the fingerprint was a traditional form in the past, and now if the fingerprint is pressed on the name, it is also deemed to be effective.

Article 32 of the Contract Law stipulates that if 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.

Signatures are not fingerprinted, but have legal effect. Because signing and fingerprinting have the same legal effect. Therefore, a contract that is not signed by fingerprint will also have legal effect.

The contract is concluded when one of the parties has fulfilled its primary obligations and the other party has accepted it.

What is the difference between signing and pressing a fingerprint?

1. Uniqueness. The signature is not unique, because in addition to the legal name on the ID card, someone may have multiple names for others to address, such as nicknames, milk names, aliases, former names, pseudonyms, etc., from a legal point of view, the use of a name other than the legal name may cause controversy, and it is necessary to further prove that the name is the same as the actor. Mudras are unique, for example, there is only one thumb on the right hand;

2. Writing is different. The name requires at least to be able to write one's own name, but it is not excluded that there are those who cannot write their names; It is true that anyone can press the mudra, as long as there are fingers;

3. The requirements are different. The signature needs to be legible, can not use pencils, is easy to be altered, can not use markers, watercolor pens and other soft nib pens, these pens can not reflect the writer's pen power and fine stroke writing habits, in the handwriting identification can not be identified.

Legal basisArticle 490 of the Civil Code of the People's Republic of China.

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.

Laws and administrative regulations stipulate that 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.

Legal Analysis: Legally Enforceable. The handwritten agreement is signed with the fingerprint of the sail and the handprint, as long as the content of the agreement is the expression of the true intention of both parties, and there is no content in the text of the agreement that is contrary to the current laws and regulations, it is legal and valid.

When entering into a contract, both parties to the negotiation should follow certain principles, and only in this way can the conclusion of the contract be meaningful.

Legal basis: Article 502 of the Civil Code of the People's Republic of China 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 approval and other formalities affects the validity of the contract, the non-state basis affects the validity of the performance of the obligations such as approval and the relevant clauses in the contract. 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.