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I didn't get a copy of the contract. Is it still effective

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I didn't get a copy of the contract. Is it still effective


        

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  • 2024-06-17 13:01:39

    In general, the validity of the contract will not be affected if a copy is not handed over to the other party after the contract is signed. Because our country's civil code stipulates that a contract formed according to the law will have legal effect from the time of its establishment. If the parties sign the contract in the form of a contract, the contract has been formed since the time when both parties sign, seal or press their fingerprints. Therefore, not giving one copy to the other party after signing the contract will not affect the validity of the contract. According to Article 490 of the Civil Code, if the parties conclude a contract in the form of a contract, the contract is formed when all the parties sign, seal or fingerprint. And Article 502 of the Civil Code: A legally formed contract shall take effect from the time of its formation, unless otherwise provided by law or agreed by the parties.

    Legal basis

    Article 490 of the Civil Code of the People's Republic of China [Time of formation of the contract] If the parties conclude a contract in the form of a contract, the contract is formed when all the parties sign, seal or fingerprint. The contract is formed when one party has performed its main obligations and the other party has accepted them before signing, sealing or fingerprinting.
    A contract shall be concluded in writing as required by laws and administrative regulations or as agreed by the parties. A contract is formed when the parties fail to adopt a written form but one party has performed its main obligations and the other party has accepted it.

    Article 502 of the Civil Code of the People's Republic of China [Effective time of the contract] A legally formed contract shall become effective from the time of its formation, unless otherwise provided by law or agreed by the parties.
    Where, in accordance with the provisions of laws and administrative regulations, a contract shall go through the formalities of approval, etc., such provisions shall apply. Failure to go through approval and other procedures that affect the effectiveness of the contract shall not affect the effectiveness of the obligation clauses in the contract such as performance of approval and relevant clauses. If the party who should go through the formalities of application for approval fails to perform its obligations, the other party may request it to bear the responsibility for breach of such obligations.
    In accordance with the provisions of laws and administrative regulations, the provisions of the preceding paragraph shall apply to the modification, transfer, dissolution and other circumstances of a contract where approval and other formalities shall be handled.

    E***

    2024-06-17 13:01:39

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