On The Establishment Time Of E-Contract Under The Mode Of Business To Consumer

Contract forming is composed of offer and acceptance. The effectiveness of acceptance is the establishment of the contract. Electronic contract, in essence, is a unique form of contract, which is created in virtue reality with the characteristics of intangibleness, invisibleness, immediateness and form-fixedness. Therefore, the theories of traditional contract are challenged in the field of E-commerce in terms of identifying the effectiveness of E-contract by using relevant legal theories and laws. In determining whether a contract is created to meet the elements of contract forming, combined the practice of E-commerce, the author distinguishes offer and acceptance and further analyze relevant elements. In discussion the time of the effectiveness of the contract, in the circumstance of E-commerce, the author explains the time of effectiveness of E-contract. The thesis takes Business to Consumer mode as the research background, based on the observation and analysis of law application, the author uses case analysis, comparative research and the methods of theories integrated with practice. Based on case analysis, the author concludes questions needed further discussion. In detail, whether the product information on the web of Business of Consumer is identified as an offer? How to identify those E-acceptances in the process of E-contract forming? What is the time of the establishment of E-contract in the mode of Business to Consumer? Meanwhile, based on borderlessness of the Internet, the author discusses the law application from the perspectives of conflict law in the global context. All in all, the author aims to solve some puzzles in the practice of E-commerce and proposes some advice on the imperfectness of the law in China.