Study On The Problem Of Contractual Ability Of Minors In E-contracts

The rapidly development of the computer technology has lead the mankind entered into the Information Age. With the popularity of Internet, the age of the netizen becoming younger. Internet has many characteristics, such as high tolerance, wide coverage and anonymity. These characteristics sparked off some problems in practice.According to the news in 2006, a minor bought a set of game software by online shopping. A few days later, the father of this child had been asked to pay the bill, but the father refused to pay as his child was under the age of eighteen. The problem of contractual ability of minors in E-contracts becomes an important research topic.This article started from the basic concept, made comparative study on two law systems, analyzed and solved the problems in China, and put forward some suggestions about legislative contents. Concretely speaking:The first part of this article expounded the basic concepts, and pointed out the necessity of the study on the problem of contractual ability of the minors in E-contracts. For purposes of this article, the E-contracts concluded by minors, are the agreements between minors and adults, or the juridical person, or other organizations, which reached the agreements online, and for the purpose of establishing, altering, or discharging a relationship of civil rights and obligations. The contractual ability of minors, is the active ability to concluded the contracts independently of the minors who can’t support himself. From the subjects’ perspective, the E-contracts concluded by minors are different from the E-contracts concluded by adults. In view of E-commerce, the due parties of E-contracts are fiction of law, as the adults are with full capacity for civil conduct, there engendering no controversy. But the minors are without or with limited capacity for civil conduct, there have arisen many disputes in practice. In addition, the ratification system is also unfavorable to the protection of the minors’ autonomy. From the forms perspective, the E-contracts concluded by minors are different from the traditional contracts concluded by minors. The withdrawal system and the certainty of contract terms demand in traditional theory can’t be applied in practice.The second part of this article made comparative study on two law systems, and found the key elements about the contractual ability of minors in E-contracts. About the civil rights, two law systems both empowered minors to conclude E-contracts. About the capacity for civil conduct, according to the French law, minors have no capacity for civil conduct, the contracts they concluded are invalid besides the gift contracts. According to the Germany law, minors under 7 years old have no capacity for civil conduct; Age between 7 and 18, have limited capacity for civil conduct, they only have the ability to conclude the contracts accrue benefits only. According to the Common law system, minors can’t be bound by contracts they concluded in principle, besides the Staples Contract they concluded. In addition, two law systems both determined that the contracts concluded by means of fraud by minors are remain in force.The third part of this paper evaluated the current legislation and main points of the academic in China, and made feasibility analysis to design the system for contractual ability of minors in E-contracts. This paper argues that, in the e-commerce environment, we should consider conferring the contractual ability of minors in E-contracts within a range. To recognize the E-contracts concluded by minors are valid, when the E-contracts are accorded with the minors development and mental condition. This paper intends to put three requirements to make the contract valid:a). Both sides expressed the true meaning; b).Have the proper contractual ability of minors; c). Not against the law, public interest or fairness.The last part of this paper pointed out the legislative defects, and proposed some suggestions concerned for improvement. This paper argues that, we should supplement or modify the concerned terms under the existing legal system. Recommend to promulgate the judicial interpretation on the General Rule of the Civil Law and Contract Law, complement that:"In the E-commerce environment, the differences in capacity for civil conduct between different ages are ignored";" The E-contracts concluded by minors are valid, when the E-contracts are accorded with the minors development and mental condition", and "The contracts concluded by means of fraud by minors can’t be rescinded by the minors".