Electronic Contract, The Parties To The Minors Legal Issues Research

The prosperous development of E-Commerce makes law and regulation concerning electronic contract an important research topic,in which the minor's contracting capacity is the basic question. How does traditional regulation concerning the minor's contracting capacity respond to the challenges arising from electronic contract? The conclusion of the thesis is that traditional regulation concerning the minor's contracting capacity should also be applicable to the electronic contract. Thus, an electronic contract concluded by a minor with limited capacity for civil act is valid upon ratification by the legal agent thereof, provided that a contract from which such person accrues benefits only or the conclusion of which is appropriate for his age, intelligence or mental health does not require ratification by his legal agent.However, that fraudulent contracts concluded by a minor through internet by taking advantage of this"legislative vacuum"turns out to be problematic and shall be will be decided on a specific basis, that is, the minor shall be liable for his wrong-doing and compensate for the loss suffered in accordance with the principle of fault liability, with the hope of balancing the interests of both parties.