Research On Several Legal Issues Of Electronic Contracts For Minors

Electronic Contracts for minors is a contract that have Minors involved in through electronic data interchange, telegram, telex, fax, e-mail messages and other data exchange means. With the development of network technology, more and more minors likes to sign the Electronic Contracts, The Minors have a special legal status of civil, Electronic contract also have it’s particularity, but the china laws have no special provisions made for minors in the Electronic Contracts, that is why there are so many disputes related to the Electronic Contracts for minor.Taking into account the particularity of minors and electronic contracts, We should make a thorough study of the minors’s qualification of electronic contracts and its validity, liability issues.Minors needs to sign electronic contracts in his daily life and have the ability to do it.The Law should give them more Contracting capacity in Electronic Contracts, especially the children under the age of ten.As for the confirmation of the identity of minors in the electronic, We can solve it by the means of the establishment of a unified electronic authentication center, Mandatory use of electronic signatures, limit the collection of personal data of minors, and make clear identification of the obligations the parties involved should be borne in different types of electronic contract.Using the traditional rules of contract to identify the validity of electronic contracts will encounter a lot of problems. We should consider the contract as a whole to determine whether it is beneficial to minors in Electronic Contracts, Learn the law of German to determine whether the Electronic Contracts is adapt to minor’s age, intelligence or mental condition. Provisions of minor’s simple concealment or false in the age of electronic contracts does not constitute the practice of contract fraud. But when minors take serious deception in electronic contracts, the contracts should be considered effective to minors.In order to balance the protection of minors and bona fide counterpart. We should reduce liability for breach of minors. Make clear what kind of first contractual obligations minors should fulfill in electronic contracts. As for the Concurrence of contract and tort liability, In order to protect minors, we should only requires the minors to take the contractual obligation.