| With the rapid development of computer communication technology and the network economy,group-buying-online, as a new form of online shopping, receives more and more attention of consumers,more and more professional group purchase sites appeared in the internet. Group-Buying-Online is not onlyinherits the advantages of convenient online shopping, and much favored by consumers for its low prices.Group-Buying-Online is to let everyone have a more favorable group purchase goods, and let strangers toenjoy high quality and inexpensive consumer service together. Network group purchase is a web basedbusiness model, the last two years,"group-buy" being touted in China, this new consumption patterns alsomakes such as the Wowo group, handles network buy site sprung up in China. Group-Buy hold the palm byvirtue of its price advantage in the development of network economic, now has a wide coverage area.Group-Buy has brought great convenience to the consumer and become the latest internet consumptionpatterns.There is a high network group purchase transaction disputes emerge, the division of responsibilitybetween group purchase website and business entities is unidentified, leading to that when consumer rightsand interests are damaged, it’s difficult to find the main body of responsibility, and the claim is difficult toachieve. In the field of contract law, the intervention of the group purchase site, making the network grouppurchase contract presents many different characteristics with the traditional electronic contract, Its legalrelationship is relatively complex, question of law arising in practice is also more. Professional networkinggroup-buy is the main group purchase mode, providing the Third-party service platform, publishing grouppurchase project information, and by providing technology and services to help buyers and sellers to reachan agreement. it has significant differences with the traditional contract In terms of the main parties, thetime of contract and breach of contract commitment, It is necessary to study on it.This article is intended to take Group-Buying-Online, one of the hot spots of society consumptionpattern, as the object to study. Start from the basic legal relationship of the contract, Analysised thecharacteristics of Group-Buying contract, defined the subject of Group-Buying-Online contract and mutual legal relations. put forward my opinion about the legal issues related toconclusion and performanceof thecontract, thorough analysis the commitments of liability for breach contract, trying to discrimination theproblems existing in group-buying-online contract on the basis of the traditional theory of contract law andcurrent legislation, In order to guide the healthy development of newborn group-buying Cause.This article includes introduction, main body and conclusion. The introduction mainly describes thebackground and research significance of this article, described the research ideas and methods of thisarticle. The text is divided four parts to research legal issues on China’s network of group purchasecontract.The first part analyzed the basic problem on group-buying-online contract. Defined ongroup-buying-online contract, introduces the characteristics of group purchase contract, it has the followingcharacteristics, such as seller realization of the right front, the contents of the contract is relatively specificand relative certainty, performance of the contract time is uncertainty and limited.The second part explained group-buying-online trading main parties and analysis of its contractualcapacity; and then focuses on the legal relations and legal status between the subjects of contract, carry on acomparative analysis about viewpoints of different scholars, such as "Venturer said","the counter rentalsaid ","agent said", advocate that the group-buying-online contract between each main body is the apparentindirect agent and intermediary of combining legal relationship.The third part proposed some my own views on the legal issues related to the contract’s conclude andperform.. on the base of detailing to distinguish between offer and invitation to offer, defined the actionthat group-buying website release information of goods and services as offer; the pattern and effect ofcommitment or the principles and manner of performance about the group-buying-online contract wereanalyzed in detail.Part IV put forward my own views about the bear of contractual obligations. Buy site acts as thedifferent roles such as agent or intermediary has different division of responsibilities, clear bear liability forbreach of contract between the three subjects, and analyzed the disclaimer subject when breach of contract,sort out the issue of shared responsibility in the contract of group buying online. The conclusion of this article carried on a brief summary. Re-emphasized the importance of issuesrelated to group buying online Contract, to further promote the healthy development of China’s groupbuying online. |
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