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The Research In The Electronic Contract’s Effectiveness

Posted on:2015-11-24Degree:MasterType:Thesis
Country:ChinaCandidate:C GaoFull Text:PDF
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Since1990s when China set foot in World Wide Web, computer technology and internet technology have been bringing out the best in each other which has greatly contributed to the development of the e-commerce. Having got more knowledge, the common people continue taking part in the e-commerce. Alibaba founded by Mayun and his team succeeded in the e-commerce, then a punch of companies started to work on it. At that time, the trading volume kept setting new records. The e-commerce not only brings enterprisers a large fortune, but also supplies a large number of new posts for the unemployed. All the success live up to the basis of electronic trade,the electronic contract, a new type of contracts. Laws and regularities related to e-commerce in China are few and not enough to supervise and control the e-commerce market, because of the late begin. There are few articles in the contract law about the electronic contract. These conditions are far from what they should be. The electronic contract as a type of contracts should obey the rules and principles which are made to restrain the traditional contracts. While the electronic contract gets some particularities which the traditional contract law does not suit, so the lawmakers should continue modifying the current laws and instituting new laws. Comparing with China, the developed countries especially the United States has built perfect law systems. The author borrows many advanced laws and foreign experts’ideas and gives pieces of advices by comparing china’s legislations and the foreign countries’. The whole thesis is composed of four parts, and the effects of electronic contracts are the focus.The first part paves the way for the rest of the thesis, telling the progress of the e-commerce, different modes of electronic trades, then introducing the conception of electronic contract, and the types and characters of it.The second part is about the electronic declaration of will. After introducing its conception and types, the author emphasize the content of it,the electronic offer and the electronic acceptance. The third part is the key part focusing on the effect of the electronic contract. The author firstly raises the elements of the electronic contract which can take effect, then illustrates them in detail.The last part adds two special conceptions, the electronic agent and the electronic model contract. This part still has great things with the effect of the electronic contract, including the effect of the electronic contract signed by the electronic agent and the electronic model contract.
Keywords/Search Tags:e-commerce, electronic contract, electronic declaration of will, theeffect of electronic contract, the electronic agent, the electronic model contract
PDF Full Text Request
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