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Case Analysis Of Legal Issues Concerning The C2C Online Transaction Contract

Posted on:2013-06-11Degree:MasterType:Thesis
Country:ChinaCandidate:Q L HaoFull Text:PDF
GTID:2246330371986383Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Along with the further development of the modern network technology, the new e-commerce transaction became indispensable in the modern economic and commercial activities. The essence of online trading is transferring the traditional trading transaction to business activity on networks. This new pattern of transactions has broken through the traditional mode of transaction either in time or space. To a large extent, it has made a huge impact and challenges to the traditional trading rules and procedures and caused a lot of dispute on the e-commerce transactions. C2C transactions has shaken the traditional basis of civil and commercial law, resulting in the difficulties of application of the traditional law. But there is still a big gap between the relevant laws and their development scale, which has a considerable number of legal issues that can not be avoided and need to be solved. Study on the C2C model behavior of buyers and sellers under contract and strive to make traditional law and this new type of trading patterns better engaged, Exploring solutions of trading disputes, thereby creating a healthy and orderly trading environments.This article elaborates through three parts of the legal issues of online transaction contract under the C2C pattern.The first part introduces the typical cases of C2C website Paipai and Taobao "1Yuan promotion", which bring out the focus of controversy and the problems presented from the case.Integrating theory with practice, an in-depth analysis and discussion the solution of the second part focuses on cases such as the legal status and obligations of suppliers, the subject of C2C contracts, establishment and fulfillment of transactions.Based on the analysis of the first and the second part of discussion,the third part proposes the own thinking. It mainly concentrates in two points:the first is that dispute solution mechanism under the C2C pattern the online transaction contract (this article does not discuss must sues solution mechanism); TheSecond,we involve the C2Cpattem to network shopping which is a macroscopic concept. It proposes suggestion on the legislation and amendment of the contact law.
Keywords/Search Tags:C2C pattern, Online transaction contract, Dispute solution
PDF Full Text Request
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