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Analysis Of Agreeing On Electronic Contract

Posted on:2006-07-06Degree:MasterType:Thesis
Country:ChinaCandidate:J CengFull Text:PDF
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With the collaboration and further development between internet technology and business activities, electronic commerce, a completely different trade form from traditional trade one, came into existence in the United States of America, European Unions, and other developed countries and regions. As a brand new commercial mechanism in the economic globalization, electronic commerce has been acknowledged by different countries and international society, with its high efficiency, boundlessness, no time limit, and low cost. In electronic commerce, electronic contract application has gradually been a trend and brought completely new conceptions to traditional laws. Agreeing on an electronic contract is the most important stage by means of electronic trade among the whole electronic commerce. Whether the agreeing on the electronic contract is legal or not directly determines the legal force of the contract, the implementation of the contract, and the like. In order to facilitate the development of electronic commerce, the UN International Trade Committee set the Electronic Commerce Bill and Electronic Signature Law so as to provide a sample for electronic commerce legislation in different countries and make electronic commerce legislations reach an agreement internationally. As a member of WTO, the development and legislation of electronic commerce in China lagged behind other developed countries. In order to steer the development of electronic commerce in China, we must confirm some problems on it from the legal system. Although there are some legal regulations about electronic contract in Contract Law which was set in 1999 and absorbed the essence of legislature from other countries, these regulations were relatively vague due to their attempt to bring electronic contracts into the field of the traditional contracts with simple forms and finally avoid the consequences which this new contract form brought to the traditional legal systems. Therefore these regulations obviously cannot adapt to the development of electronic commerce. In August, 2004, China formally set Electronic Signature Law, the first law relevant to information system, and found a base for future electronic commerce legislations. On the first of April 2005, it formally took into effect. However because of the following incoherence of relevant legal regulations, it came across some problems during the course of implementations. In attempt to probe and analyze the consequences electronic contract brought to traditional contract law system, to better solve the legal problems electronic contract caused in the practical application, and to facilitate the development of electronic commerce, this dissertation is divided into five parts, in which the author focuses on the problems during the course of agreeing on electronic contract from different points of view, for instance, the conception of electronic contract, its agreeing principles, the subject of electronic contract, the procedure of agreeing on it, the form of electronic contract, the electronic signature accreditation and the content of electronic contract so that people may have a further understanding about the legal characteristics of new electronic contract and take further advantage of electronic contract in electronic commerce.
Keywords/Search Tags:electronic contract, electronic offer, electronic acceptance, electronic signature, electronic authentication
PDF Full Text Request
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