If the property contract is not filed with the competent department, is it valid and what is the relevant legal basis?

The contract is valid, and the relevant laws of the property contract are not mandatory for filing, as long as it is signed on the basis of equality and consensus between the two parties. As long as a natural person has civil capacity, the contracts signed by both parties are generally valid. An invalid contract is an established contract, but a contract lacking effective elements is not legally binding and is not protected by national laws.

Legal analysis

Contracts can be signed between natural persons, between natural persons and units, and between units, and contracts are generally valid. The signed contract is invalid if it violates laws, administrative regulations and social interests. The main body of the contract is unqualified, which means that a person with no capacity for civil conduct or a person with limited capacity for civil conduct enters into a contract and the legal agent refuses to ratify it. However, there are exceptions: a contract with pure interests and a contract suitable for its age, intelligence and mental health are of course valid without ratification; A contract formed because the agent is unqualified and the counterpart is at fault is invalid; A contract concluded by a legal person and the legal representative or person in charge of other organizations beyond their functions and powers is invalid if the other party knows or should know that it is beyond their functions and powers. The contents of the contract are illegal, indicating that the contract violates the mandatory provisions of laws and administrative regulations and is invalid; A contract that violates the public interest is invalid; A contract that maliciously colludes to harm the interests of the state, the collective or three people is invalid; A contract that covers up an illegal purpose in a legal form is invalid; A contract that has no right to dispose of other people's property is invalid. However, the contract ratified by the creditor afterwards is invalid; A contract that obtains the right of disposition afterwards is invalid. A contract in which the expression of will is untrue means that the expression of will is flawed. If one party concludes a contract by fraud or coercion, the contract that harms the interests of the state is invalid.

legal ground

People's Republic of China (PRC) Civil Code

Article 464 A contract is an agreement between civil subjects to establish, change or terminate a civil legal relationship. Agreements on status relations such as marriage, adoption and guardianship shall be governed by legal provisions on such status relations; If there are no provisions, the provisions of this part can be applied according to their nature.

Article 465 A lawfully formed contract shall be protected by law. A legally established contract is legally binding only on the parties, except as otherwise provided by law.

Article 502 A lawfully formed contract shall become effective upon its formation, unless otherwise provided by law or agreed by the parties. In accordance with the provisions of laws and administrative regulations, if the contract should go through the approval procedures, such provisions shall prevail. If the failure to go through the formalities such as approval affects the effectiveness of the contract, it will not affect the performance of the obligation clauses such as approval and the effectiveness of relevant clauses in the contract. If the party that should go through the formalities for approval fails to perform its obligations, the other party may require it to bear the responsibility for violating its obligations. The modification, assignment and dissolution of a contract shall be subject to the provisions of laws and administrative regulations, and the provisions of the preceding paragraph shall apply and shall be subject to approval.