The Research On The Conclusion Of Online-consumption Contract

As a new way to consume, online shopping becomes more and more popular, because it’s very convenient and quick. The contract of online consumption is an electronic contract which concluded by the consumer and the proprietor. The consumer and the proprietor are based on the e-commerce platforms to conclude the contract of online consumption, according to the information which includes the subject matter, price, quantity, and so on. The contract of online consumption is different from the ordinary electronic contract concluded by these means of communication, just like telex or E-mail. In fact, to a large extent, this ordinary electronic contract which concluded only by using the electronic communication means to transmit the letter, data and documents etc. is similar to the traditional contract. The contract of online consumption can’t exist independently and be divorced from the traditional theory of contract law, certainly. But in the process of concluding, more or less, it is different from the traditional contract in many aspects, because it is generated in the virtual environment of computer network system. The conclusion of the contract of online consumption is an important stage in the process of the contract, because it is related to these basic problems, like the existence or binding of the contract. This paper is focus on the macro process of the contract of online consumption, approach the whole process of negotiating a contract to validate and to take effect. The paper mainly adopts the method of comparative analysis to research the characteristics of the contract of online consumption in conclusion, the controversy and the application of law, and to put forward the solutions. The first chapter is the outline of this paper to simply introduce the concept and the feature of the contract of online consumption. The second chapter is to discuss the process of the contract of online consumption in conclusion. The major part of this chapter is the offer and the promise of the contract, because the nature of contract is the same meaning between the parties. The third chapter is to research the establishment and the relevant validity of the contract of online consumption. The establishment of the contract is a static protocol to fix the result of the negotiation. The effect of the contract is a necessary discussion after the static contract existing. The forth chapter is to research the fault liability of contract conclusion, which is closely related to the. conclusion of the contract of online consumption. The fifth chapter is to discuss the e-commerce platforms’ legal status in the conclusion of the contract of online consumption, because the e-commerce platforms play an important part in facilitating deals between the parties. The last chapter is to conclude the perspectives and the solutions in the whole paper.