(1) The parties to a contract have corresponding capacity for civil rights and capacity for civil conduct. The parties to a contract must have corresponding capacity for civil rights, capacity for civil conduct and capacity for contracting, so as to become qualified contract subjects. If the subject is unqualified, the contract cannot have legal effect.

(2) the parties' expression of will is true, that is, the actor's expression of will should truly reflect his inner meaning. After the contract is established, it is often difficult to judge whether the parties' expression of will is true from the outside, and the law generally does not take the initiative to intervene. The lack of elements of true expression of will, that is, the expression of will is untrue, does not absolutely lead to the invalidity of the contract.

(3) The contract does not violate the law or social public interests, which mainly includes two meanings: First, the content of the contract is legal, that is, the rights and obligations agreed in the terms of the contract and the object it points to, that is, the subject matter. , should comply with the provisions of the law and the requirements of social public interests.

Second, the purpose of the contract is legal, that is, the reasons for the parties to conclude the contract are legal, the direct internal reasons are legal, and there is no fact that the illegal purpose is achieved by legal means and the law is circumvented.

(4) Having the formal requirements for the entry into force of a contract as stipulated by laws and administrative regulations. The so-called formal requirements refer to the formal requirements for a contract as stipulated by laws and administrative regulations. Formal requirements are usually not the requirements for the contract to take effect, but if they are stipulated as the conditions for the contract to take effect by laws and administrative regulations, they will become one of the requirements for the contract to take effect. Without these formal requirements, the contract can't take effect. Except as otherwise provided by law.

(5) I hope everyone must remember that the establishment of a contract is not the same as the entry into force of the contract. Under normal circumstances, the contract is established first, and then the contract takes effect. Dear friends, don't be confused. The entry into force of a contract must meet the four conditions stipulated by law, otherwise the contract is invalid or its effectiveness is to be determined.

Second, the effective terms of the contract

1 refers to a legally established contract, which has certain legal binding force between the parties, that is, legal effect. The contract comes into effect, that is, both parties enjoy the rights and undertake the obligations stipulated in the contract; Neither party may change or terminate the contract without authorization; Once one party fails to perform its contractual obligations, the other party may seek legal protection;

2. After the contract comes into effect, it is also legally binding on a third party other than the parties to the contract. No third party (including units and individuals) may illegally interfere with the parties to the contract, and the parties to the contract may request the court to remove the obstruction from the third party who hinders the performance of the contract; After the contract comes into effect, the terms of the contract become an important basis for dealing with contract disputes. The establishment of a contract is the premise of its effectiveness, and the effectiveness of a contract is the inevitable result of both parties concluding a contract and achieving the expected purpose.

Extended data:

Invalid contract means that although the contract has been established, it is seriously lacking in effective elements and has not been given legal effect according to the agreement of the parties. One party enters into a contract by means of fraud or coercion, which harms the interests of the state; Malicious collusion, harming the interests of the state, the collective or the third party; Covering up illegal purposes in a legal form and harming public interests; Violation of mandatory provisions of laws and administrative regulations.

Article 52 of the contract law? In any of the following circumstances, the contract is invalid:

(1) One party enters into a contract by means of fraud or coercion, which harms the interests of the state;

(2) Malicious collusion that harms the interests of the state, the collective or a third party;

(3) Covering up illegal purposes in a legal form;

(4) damaging the public interest;

(5) Violating the mandatory provisions of laws and administrative regulations.

References:

Contract comes into effect Baidu Encyclopedia