Study On The Conclusion Of An Electronic Contract

Combined with the current international rules and domestic law of electronic contract, this paper focuses on the representative juristic issues in the conclusion of an electronic contract for instance declaration of will of a contract, namely electronic offer and promise; time and place of conclusion of an electronic contract; legal form; electronic signature and electronic authentication respectively. In Part I ,the author expatiates on the concept, classification, characteristics and legal status of electronic contract, and points out the necessity of bringing electronic contract into legal adjustment. In Part II the author expands the arguments on the basis of declaration of will of an electronic contract; Particularly distinguishes electronic offer from invitation to offer; on the consideration of autonomy of the will and balance of right, the author thinks that electronic offer can be withdrawn and countermanded and electronic promise can also be withdrawn; then introduces the notification system, the special forms of electronic declaration of will namely cross-offer, concurrent declaration and fulfillment of will, electronic error as well. Part III focuses on specific rules of establishment of electronic contract. Comparing present provisions in our legal system with overseas legislation, this part proposes that autonomy of the will should be respected while confirming the time of establishment of electronic contract, and that different criteria should be applied according to different situations and balance of rights should also be considered on the scale of criterion; the realistic place should be the criterion on confirming the place of establishment of electronic contract, and the principle of the closestrelationship with underlying transaction should also be applied. Part IV deals with those contents closely related with conclusion of contract, such as the forms of electronic contract, electronic signature and electronic authentication etc. Comparing with overseas legislation, this part indicates that we should take the idea of Functional Equivalent for reference on the legislation of forms of electronic contract and give up the present provisions of Formal Equivalent; we should make the force and effect of electronic signature clear and definite, and visualize the legislation mode of electronic signature in China; finally the author makes an analysis of electronic authentication and obligation and responsibility of authentication institution. In the last part, by introducing the overseas legislation of electronic contract, the author puts forward a proposal on the legislation mode of electronic contract in China and specific rules of conclusion of electronic contract.