According to Article 44 of China's Contract Law: "A contract established according to law shall take effect upon its establishment." It can be seen that the establishment and effectiveness of a contract are completely different concepts. Only when the contract is established and has legal conditions will it take effect, and the contents of the contract (that is, the rights and obligations stipulated in the contract) will be protected by law.
Therefore, the legal conditions for the contract to take effect include that the parties must have corresponding civil capacity, the expression of will is true, and it does not violate the law or social public interests. However, the Contract Law stipulates the possibility of remedies for contracts with defects, such as contracts concluded by persons with limited capacity for civil conduct in Article 47 of the Contract Law. After ratification by the legal representative, the contract is valid, but only the contract of interest is suitable for his age, intelligence and mental health.
Extended data:
The establishment of a contract is the basis of the rights and obligations between the parties and plays an important role:
1. The contract was established to solve the problems existing in the contract. The establishment of the contract is the successful result of the contract conclusion process. If the contract is not established, the conclusion of the contract fails, and no specific contract occurs, there will be no problems such as the performance, alteration, dissolution or termination of the contract.
2, the establishment of the contract is the premise of the validity of the contract. Only the established contract will have the question of whether the contract is valid or not. If the contract is not established, it will certainly not take effect.
3, the establishment of the contract is the fundamental symbol to distinguish between contractual liability and contracting fault liability. In the process of concluding a contract, if the contract becomes invalid immediately due to the fault of one party, causing losses to the other party, the party at fault shall be liable for compensation. However, because the contractual relationship does not exist yet, this kind of liability for compensation can only belong to the liability for contracting fault. Only after the contract is established, one party breaches the contract because of the contractual relationship between the parties, and the liability for breach of contract will occur.
China Municipal Government-Contract Law