Is the construction contract of the project effective when it is signed?
It's really not that simple
The entry into force of the construction contract still has its own characteristics and precautions, and we will talk about them one by one below.
1. The signature takes effect
This is one of the easiest and most common forms for us to understand. According to the Civil Code, a contract established in accordance with the law shall take effect from the time of its establishment. Even if it is necessary to go through the contract approval procedures in accordance with laws and regulations, it does not mean that the contract will only take effect after the approval procedures are completed. These are two dimensional things, and there are no constraints on each other.
2. The signature is to take effect
To be in force is to enter into force conditionally. According to the Civil Code, civil juristic acts can be conditional, and the contract will take effect when the conditions are established. Therefore, both parties to the construction contract can stipulate the conditions for the contract to take effect in the contract, and the contract will take effect when the conditions are met.
The time when the contract is concluded is the time when both parties sign it, and if the contract does not stipulate the conditions for its entry into force, the time when the contract is concluded is the time when it takes effect. In the same way, the place where the contract is concluded is the place where both parties sign and seal.
3. Special circumstances
There is a detail to know and pay attention to.
If a contract is concluded in the form of a written contract, the contract is formed after both parties have signed, sealed or fingerprinted. NoteThe contract is formed when one of the parties has fulfilled its main obligation before both parties have signed, sealed or fingerprinted, and both parties have accepted the fact that this fact has been concluded.
Finally, a reminder that both the Civil Code and the Construction Law require that the contract for the construction of the Kunpeng project be concluded in writing. The written form is not the written form that we understand in our lives, specifically including:Contracts, letters, telegrams, telex, faxesand other forms of tangible representation of the contents contained therein, which are called written forms; Attention! We also consider the contents of the information to be in writing if they can be physically represented by means of electronic data interchange, e-mail, etc., and data messages that can be accessed and viewed at any time.