Whether a private handwritten agreement has legal effect needs to be analyzed on a case-by-case basis. Generally speaking, if the content of the agreement is legal, the parties have the corresponding civil capacity, the intention is true, and it conforms to the statutory form, then the private handwritten agreement is legally valid.
Clause. 1. The content of the agreement must be legal. Any agreement that violates laws and regulations is null and void, whether handwritten or sealed, and is not protected by law. Therefore, before signing a private handwritten agreement, the parties should carefully review the content of the agreement to ensure its legitimacy.
Clause. 2. The parties must have the corresponding capacity for civil conduct. In general, adults have full capacity for civil conduct, while minors and mentally ill persons may not have full capacity for civil conduct. If the parties do not have the corresponding capacity for civil conduct, then the agreement may be invalid.
Third, the expression of intent of the agreement must be true. If the agreement is entered into under the circumstances of fraud, coercion, taking advantage of others, etc., then the agreement may be invalid. Therefore, when entering into a private handwritten agreement, the parties should carefully review the content of the agreement and the process of signing it to ensure that its intention is true. If the agreement has to be signed under the above circumstances, it can be revoked afterwards.
Clause. 4. The agreement must conform to the statutory form. According to the Civil Code, the contract shall be in writing. However, there are some situations where verbal agreements can be valid, such as small transactions or transactions that settle instantly.
Clause. 5. If it is an agreement between companies, it shall be stamped with the company's official seal or contract seal. If the agreement signed by the company's legal representative in the name of the company is generally valid, but in special circumstances, it is necessary to obtain the company's authorization, such as external guarantees.
In general, a privately handwritten agreement is legally valid, but certain conditions need to be met. If the agreement does not have legal effect, the parties may protect their legitimate rights and interests through litigation or other means.
Handwriting