合同的要式性强调合同的订立必须采取法律规定的方式,否则合同形式缺陷会产生相应的法律后果。合同的书面证据规则与合同的要式性是有区别的,判定合同的法定形式与证据能力之间的关系,应当区分合同存在与合同内容的关系,但两者之间也存在着密切联系。 The essentials of the contract emphasize the contract must be taken by the law, otherwise the contractual defects will have the corresponding legal consequences. The rules of written evidence of contract are different from the formality of the contract. The relationship between the statutory form of contract and the evidence ability should be distinguished between the existence of the contract and the content of the contract, but there is a close relationship between the two.