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A Study On Special Legal Issues Of Electronic Contract

Posted on:2008-01-04Degree:MasterType:Thesis
Country:ChinaCandidate:D X WangFull Text:PDF
GTID:2166360212976896Subject:Law
Abstract/Summary:PDF Full Text Request
Due to a rapid development of computer and network technology,human beings are entering an information era , and Electronic Business is emerging as the time required, developing with a surprising rapid in a world wide. Comparing with the traditional contract, computer and network technology only provide a new media method and form for buiness activities, without changing the basic attribute of electronic contract. The right and compulsory content of both subjects doesn't have substantial change. And the theory of traditional contract can also be used on electronic contract. Since the computer and network bring a new media method and form for buiness activities, and will replace the traditional media method and form, the right and compulsory relationship of each subject has become more and more complex. Therefore, there must be some different characteristics between electronic contract and traditional contract, accordingly, the subject system of legal relationship, the process of conclusion, and the settlement of dissension are also changing.With a view to the differet change of the three lays above, the author took the electronic contract formed by the main stream buiness activities between company and individuals as the main study object. About the birth of electronic buiness,the author discussed the technology foundation of electronic contract giving the priority to the EDI. With the analysis of the difference between the electronic and traditional contract, the author discussed the subjects, conclusion and jurisdiction about electronic contract, combining with the theory of civil law and contract law. At last, the author put forwards some suggestions for the betterment of contract law in the last...
Keywords/Search Tags:EDI electronic contract, electronic signature, electronic Certification, ability of concluding a contract, jurisdiction
PDF Full Text Request
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