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Research On Manifestation Of Intent In The Electronic Contract

Posted on:2016-09-01Degree:MasterType:Thesis
Country:ChinaCandidate:X Y ZhangFull Text:PDF
GTID:2296330461977973Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
With the continuous development of network technology, more and more people use the Internet to economic exchanges, the network economy is in the form of extremely fast development, the electronic trading way gradually be used by people. In the network economy, electronic contract is an important technique in the network economy, electronic contract is valid relationship to the entire network business can go smoothly, the interests of both parties can be smooth realization. Electronic contract and the traditional contract although belong to the scope of the contract, but means and ways to realize electronic contract because of its special, therefore, in the specific contract concluded, there are special in the process of implementation rules. Intention is of great significance and value of electronic contract, the content of the need because of the intention of transmission through the computerThis article is divided into five parts.The first chapter, introduction. First, this paper studies the background of the electronic contract intention and meaning. Second, both at home and abroad about the form of electronic contract intention, to take effect, withdraw the paper summarizes research and error, to find out. Finally briefly summarized the research contents of this paper, namely, the form of electronic contract intention, to take effect, to withdraw and cancel, error four content, the research methods of normative analysis, comparative analysis, etc.The second chapter, the basic theory of electronic contract meaning said. About the concept of electronic contract intention both at home and abroad; Considering the electronic medium of different intention transmission with the help of the contract, the summary of the electronic contract intention uniqueness; Account for the form of electronic contract intention.The third chapter, the electronic contract meaning said outside of the legislative status. Through the European Union, the United States, Germany, France and other countries legislation introduced, meaning for our country the electronic contract said provide beneficial reference for related systems.The fourth chapter, the present situation of the electronic contract in our country meaning said. To our country existing about the meaning expression in the form of electronic contract, to take effect, cancellation and withdraw, Error of Manifestation of Intent summarizes related system, analyzes the electronic contract intention in the above four aspects of the existing problems.The fifth chapter, perfects our system of electronic contract intention related Suggestions. Aiming at the problems existing in the electronic contract intention, put forward the improvement of the corresponding countermeasures. Supplementary meaning representation; Through the determination of offer and acceptance becomes effective time effect, with the most closely related to determine location; The electronic contract intention to withdraw and cancel time make restrictions; Said error with take timely notification behavior, clear fault responsibility principle and responsibility to assume.
Keywords/Search Tags:Electronic contract, Manifestation of Intent, Effect of time, Withdrawal if the declaration of will, Error of Manifestation of Intent, Responsibility
PDF Full Text Request
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