Electronic Contracts To Identify Research Online To Fulfill

As the core to e-commerce, the parameters of e-contract historically challengethe present legal system which includes the determinative issues of the onlineperformance place. The determination of online performance place dramaticallyinfluences the substantial and procedural rights of the parties, while the absence ofthose rules will bring about a lot of disputes. But in the present, the research on theonline performance place is weak. Pursuant to the train of thought on real evidenceand comparative law, starting from the parameters of the online performancemechanism and combining with the global-wide general determinative rules of theonline performance place, this thesis hopes to set a solution to this issue and providesa helpful reference for our nation's relevant legislation in the future.With three chapters, this thesis structures the wordings pursuant to the researchthought in a gradual progress way.In the First Chapter, through the introduction of the concepts and categories ofperformance and its place, the thesis wants to clarify the definitions and differencebetween off-line performance and on-line performance as well as the line betweentheir places. Then the thesis points out the general rules on the determination ofoff-line performance place in order to provide a guideline and reference for thedetermination of online performance place.In the Second Chapter, through the analyses of the parameter of on-lineperformance, the concept of on-line transportation as well as on-line delivery, thethesis stresses the discussion on three methods that how to use the off-lineperformance rules to determine the on-line performance rules, they are, the methodsthat whether the nature of on-line performance and whether the performance needstransportation and whether the delivery means can determine the online performanceplace respectively, and thereafter points out the their feasibilities and existed issues.Besides, after discussion on two international legislation models, they are, theseems-to-be model and the model involved in internet elements, the author points out the basic solution to the dilemma on the determination of on-line performance place,that is, on the basis of adhering to the general rules of determination on theperformance place of the present law, and consistent with the basic parameters ofon-line performance, we should hurl the regional elements (especially the places ofinternet devices) that are close to e-contract into the determinative process andthereafter search for the possible determinative rules of on-line performance place.In the Third Chapter, according to the modified model, the author stress on thestatus issues of the place of internet device as well as the issues of many places ofperformance and the main place of performance. Then the author clarify the essenceof the determinative issues of on-line performance place, that is, how to differentiatethe roles of the regional elements involved in the process of determination of on-lineperformance place. Through integration and disintegration of the regional elementsthe author illustrates the determination of online performance and thereafter tries toprovide a possible method for our nation's future legislation.As the conclusion, the author think the on-line performance place can bedetermined by the following rules: the on-line performance place should be the placeagreed by the parties, and without that agreement or that clarification, the place can bededuced from the trade custom or the articles of the contract. If the above mentionedrules do not apply, the on-line performance place should be the place of the internetdevice in which the object of the contract exist known by the parties in the process ofconclusion of the contract; in other circumstance, the on-line performance placeshould be the place where the obligor's domicile seat, and if either party can testifythe place of the internet device used in the conclusion of the contract, that placeprevails.