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Analysis Of The Effects Of EDI In International Trade Contract

Posted on:2008-07-25Degree:MasterType:Thesis
Country:ChinaCandidate:H Y ZhangFull Text:PDF
GTID:2206360215489508Subject:International Law
Abstract/Summary:PDF Full Text Request
As a new way of international trade, Electronic Data Interchange (EDI) arises from the combination of the increase of international economy & trade and development of science & technology. EDI came into existence in the 1960s and was soon greatly accepted and widely used by many countries because it has the advantages of low cost, fast transferring speed and high economic efficiency. Now it plays a more and more important role in international trade. However, EDI also brings great challenges to the traditional legal system, especially the contract law system, which is based on paper international trade. Therefore, how to evaluate the legal effect of EDI contract becomes an important problem which is greatly valued by every country and many international organizations. This dissertation makes a comprehensive and profound study of the legal effect of EDI contract and provides some meaningful suggestions on how to perfect our country's EDI law.The dissertation consists of three chapters, about 40,000 Chinese characters.Chapter one gives a brief introduction to the definition and history of EDI and its use in international trade. Based on this, this chapter analyzes the main differences between EDI contract and traditional paper contract, which sets off the study of the legal effect of EDI contract in the following chapter.Chapter two is the center part of this dissertation. Because of those great differences between EDI contract and traditional paper contract, the regulations of international trade contract in traditional legal system are not applicable in EDI contract. How to evaluate the legal effect of EDI contract becomes the most important problem in extending and applying E-commerce. This chapter makes a detailed research in the important problems which concerning the legal effect of EDI contract, such as the writing form of contract, electronic signature and authentication, time and place of the formation of EDI contract, etc. Solutions are also discussed in this chapter.Chapter three points out the deficiencies of EDI law in our country on the basis of an examination of the practice and legal status of EDI contract in China and puts forward some suggestions for the betterment of Chinese EDI contract law: promote the publicity to EDI contract law, attach great importance to the influence of enterprises in EDI legislation, integrate the relevant regulations of EDI contract,establish an internet environment of good faith and follow the international EDI contract legislation.
Keywords/Search Tags:EDI, electronic contract, electronic signature, legal effect
PDF Full Text Request
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