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Improve The Thinking Of China's Electronic Contract Legislation

Posted on:2007-09-21Degree:MasterType:Thesis
Country:ChinaCandidate:R WangFull Text:PDF
GTID:2206360185979646Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The electronic contract is a contract in the form of data message. It is the third kind of contract form besides writing, oral contract. The new concept is product with the appearances of computer and network technology and E-commerce. It is different from traditional contract in many aspects such as the invention of the subject, the contract need no paper, technicalization and standardization of electronic contract, the particularity of sign, etc. For example, mostly, both sides of contract don't meet each other. Buyer and seller trade through the Internet. Credit is relying on password and authentication of organization. Traditional signature is replaced by E-signature. The change of the electronic contract form has brought a series of new problem in law to the countries of all over the world. In order to meeting the new form trade, countries are considering making the new explanation of already existing law or making new rule. Our country is working hard for this issue too.The thesis is divided into six parts altogether:Chapter one mainly explains problems such as the research purpose, meaning, range and method herein, etc.Chapter two is the summary of electronic contract legislates. Summarize characteristic such as electronic subject of contract getting fictitious, contract have no paper and particularity of the sign. Summarizing some electronic contracts that belong to the five types. Introduce the two stages that electronic contract is from appearing to that go through in the evolution.Chapter three is about the legislative situation of Chinese and foreign electronic contracts. In this part I introduced the legislative content and legislative course in electronic contract of three...
Keywords/Search Tags:Electronic contract, E-commerce, Electronic trade, Electronic signature
PDF Full Text Request
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