Electronic Contract Entered Into Legal Issues In The Study

Without the help of internet, the E-contract can't come into being, for its offer and acceptance were sent by Internet. Then, compared with traditional contract, electronic contract has many unique characters.Because of the particularity of the E-contract, the complexity becomes the characteristic of its principal parties. Differ from the traditional way, both parties who involve in making of E-contract have no chance to meet face to face, so it is quite difficult to recognize their legal capacity to contract. Therefore, electronic signature and electronic certification - the special methods for identifying the status of both parties emerged in the network surroundings. However, there are still many other problems need to be solved. As the special principal party of the E-contract, the legal status of ISP is similar to the function of the post office in traditional contracting. During contract making process, the automatic electronic business system is named as Electronic Agent. It is substantially different from the traditional agent. Its legal capacity to contract is oppugned, because of lack of legal personality.To distinguish the difference between offer and invitation to offer is really a complicated issue. There are two main theories to help us classify the information released on the exoteric website. From the writer's point of view, it's necessary to classify the information as exoteric information and the inner information on the website. The former should be considered as offer, while the latter should be categorized into invitation to offer. Many countries have authorized the force effect of the E-contract in their laws. As how to confirm when E-contract becomes effective, someone thinks that it depends on the difference of type of contracts. The writer concerns that electronic offer should be divided into two types: real-time offer and non-real-time offer. The former belongs to dialogic offer, the time when they become effective are the same with dialogic offers. Most of the latter belong to non-dialogic offer, and go into effect when they arrive. Because the transmission speed is too fast, many people think that it's impossible to withdraw the E-contract. But the writer considers that since there are network errors and many other possiblereasons, it will be better to accept withdraw of the electronic offer.As same as the E-offer, there are also many new problems need to be solved regarding E-acceptance. The effective time of E-acceptance is the key point to ascertain where E-contract was made .Most countries agree that E-acceptance goes into effect when it arrives.E-declaration of will is expressed through the information processing system or computer. By the different functions of the information processing system or computer, it can be classified into two types -the electronic-transmitted declaration of will and automatic-created declaration of will. Corresponding with the errors and the misrepresentation in the declaration of will, the disaccords of declaration of will in the E-contract mainly include electronic error and garbled transmissions. It's important to plot out the different obligations of different faults.E-format contract is the most popular type of E-contract . It includes many different types such as click-wrap contract, shrink-wrap license contract, access contract and mass-market license contract. Because counter party is always put at a disadvantage, they should get the opportunity to review during the making process of E-contract. They also should be offered the manifesting assent right. These are the key point to confirm the effectiveness of E-format contract.In this paper, the writer gives a comprehensive analysis and discussion regarding the making process of E-contract. Since it is a new area, no systemic theories have been formed. This paper tries to raise some creative ideas of related issues of E-contract.