Initial Discussion On The Applicable Law Of Electronic Contract

Just as Prof.G.C.Cheshire said the applicable law of contract is more complicated than any other problem. How to choose the applicable law in the dispute of electronic contract is an important guarantee of healthy and fast development of electronic commerce and the growth of GDP. Firstly , two questions must be answered , i.e. , what is electronic contract and how to deal with the challenges raised by the difference between electronic contract and traditional contract. Secondly , we can analyse the rules about the applicable law of electronic contract and make a study on the legislation based on the experience of USA and EU .The thesis consists of four chapters.Chapter 1 makes a definition on electronic commerce and electronic contract and does a simple classification on the basis of scholars' understanding and Model Law and UCITA.Chapter 2 elaborates the challenges to the applicable law of electronic contract and the countermeasures against the challenges .The thesis holds that it is a technical problem , rather than an innovation of the conflict of laws since electronic contract has too many connecting factors which is too difficult to confirm .We can overcome the challenges by improving the theories and regulations .Chapter 3 concretely illustrates the new understanding of the applicable law of electronic contract and introduces the existing legislation and the cases in USA and EU .The thesis holds that the autonomy of will doctrine will still be the first principle of the choice of the applicable law of electronic contract. When the party's choice of the law is unavailable , electronic contract is governed by the law of the place with which it has the closest connection in principle , and the mandatory law on behalf of the consumer protection will directly apply to electronic contract.Chapter 4 discusses the rules and means in our country's legislation and makes a perspective.Since electronic contract is advanced and complicated and author's knowledge is limited , I name the thesis "initial discussion "and hope to arouse interest for further discussion .