The Theory Of Contract Legal Relationship Of Online Transactions

In order to improve free movement of information, ensure security of the web environment and establish the value of fair, just and open, it is essential to study contract relationship related to online transactions, improve legislation of contract legal relationship while balancing asymmetric information and economic state between consumers and product or service providers of online transactions.This thesis focus its research on contract formation, effecting and performance of online transactions, discussing contract relationship between enterprises and consumers (referred to as "B2C"), taking into account civil law, eiectronic signature and certification law, online trading guidelines of Civil Law and Common Law and other relevant legislations, literatures and data, in order to explore the differences between sale of online trading and traditional patterns and to find out the problems of online trading contracts. On this basis, this thesis attempts to review the main problems of protection in contract formation and fulfillment of the online transaction, make specific suggestions for improvement of law and regulation of online transactions.This thesis is consisted of five parts.Chapter I is "An overview of online transactions", the concept of online transaction has two meanings, narrow definition and broad definition, the object of this study is for the latter. There are four types of broad online transactions:business to business (B2B form), between businesses and consumers (B2C form), consumer to consumer (C2C form), and consumer to business (C2B form). Then the author turns to introduce online trading and its legislation developments at home and abroad, including the United Nations, European Union, Organization for Economic Cooperation and Development (OECD), Asia-Pacific Economic Cooperation (APEC), the United States, Japan, Australia and China. ChapterⅡis "Establishment of contract of online transactions", general elements are eligible parties, eligible subject and meeting of minds. Particular element mainly refers to the establishment of electronic signatures, and then the author gives a brief introduction of electronic signatures and effectiveness thereof. The author thinks that electronic agent does not constitute a contractual party in online transaction contracts. Electronic signature does not have the same legal effect as the existence of the signature or seal. Currently, electronic signature shall only be interpreted as actus legitimus.ChapterⅢis "Effecting of contract of online transactions", In turns the author introduces legal fictions of behavioral ability of parties, the effecting period of meeting of minds, offer and acceptance, and mean errors. The author thinks that in online trading contract relationship, persons as incompetent or with limited disposing capacity shall not been presumed as having competent behavioral abilities. In determination of the date of arrival of emails, the said emails shall have entered the control scope and under state of accessible for the receiver. The online sellers usually have obligations during business hours to check emails while outside business hours, the sellers shall have no such obligations. The settings of product catalogue for internet users to browse or network advertising shall be considered as an invitation to offer.ChapterⅣis "Performance of contract of online transactions ", mainly researches the problems of electronic payment. Two main types of electronic payment methods are electronic credit card and electronic cash. Electronic credit card includes credit card with SSL mechanism, and with SET mechanism. Electronic cash includes electronic cash payment process, the features of electronic cash and the relationship between operators of electronic cash online transactions. As for electronic credit card, legal relation of the electronic credit cardholder and issuers shall belong to the appointment contractual relationship. When the cardholder signs his name in the network consumption to the online sellers, this behavior should be regarded as purchase contractual relationship. As for electronic cash that is not money, shall be regards as deposit behavior. The relationship between participators in the use of electronic cash, financial institutions and consumers, network sellers and financial institutions, shall be deemed as contractual appointment.ChapterⅤis "Subordinated obligations of online transaction contract ". Subordinated obligations to the formation of contract are for contracting faults, including obligations of information disclosing and notification. Subordinated obligations to the performance of contract focus on positive tort liabilities, which include obligations of description, confidentiality and protection.