On The Electronic Contract

A lot of law problems are rising with E-contract more and more using in business field, such as the written format problem and the electronic evidence problem. 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. ISP and the automatic electronic business system appear as the special principal party of the E-contractTo 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 necessanry to classify the information as exoteric information and the inner information on the website. The former should be considered as offer, while the later 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-con'tract 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 later 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 possible reasons, 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.At the end, this paper discussed some hotspots, such as electronic error, electronic agent, E-format contract. However, in this paper, the writer gives a comprehensive analysis and discussion regarding the making process of E-contract.