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Study On Legal Issues In Concluding Electronic Commerce Contract

Posted on:2012-11-22Degree:MasterType:Thesis
Country:ChinaCandidate:W Z ZhangFull Text:PDF
GTID:2216330368991613Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The conclusion of electronic contract is the fundamental stage among the whole electronic commerce contract.Whether the conclusion is legal or not determines the effect, the implementation of the contract, and the like. Combined with the current international rules and domestic law of electronic contract, this paper focus on the juristic issues in the conclusion of an electronic contract for instance declaration of will of an electronic contract; the form of an electronic contract; electronic signature and electronic authentication; the standard terms of electronic contract.On this basis, the writer puts forwards his own view. Electronic contract is a contract by the way of computer network, with the characteristic of timely, standard, technical and electronic means of declaration of will. The declaration of will of an electronic contract combines the issues of electronic offer and electronic acceptance. The effective time of the electronic offer and electronic acceptance should be based on the standard of arriving doctrine. The issue of the withdraw of the electronic offer and electronic acceptance can be resolved in the accordance with the traditional theory of contract law. The cancellation of the electronic offer and acceptance is complicated, we should alter cases by circumstances. Electronic data exchange and electronic e-mail are the two basic ways of the conclusion of the electronic commerce contract. Electronic commerce contract, although its form differs from the traditional form of the written contract, should have the legal status by the way of functional equivalence. The electronic contract is made by computer network, the identity of the main parties can only be verified by the electronic signature and electronic authentication. Comparing the advanced countries, Chinese legislation on electronic commerce contract relatively falls behind and has more spaces of the legislation to deal with the appearance of new issues of the electronic commerce contract.
Keywords/Search Tags:Electronic contract, Electronic offer, Electronic acceptance, Electronic signature, Electronic authentication
PDF Full Text Request
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