Study On The Validity Of C2C Online Shopping Contract

The rise of e-commerce is impacting the traditional trading rules and procedures in time and space.As a form of electronic contract,the C2C online shopping contract effectiveness has the same affecting factors of "face to face"contract,such as the party's capacity,the contract form and the contract purpose.In the C2C online shopping contract,the contract effectiveness is influenced the invisibility and virtuality of transaction participator,the intangibility of the content,the instability of the electronic signature.The agreement between two parties in the C2C online shopping contract consists of the offer and the commitment.The offer and the commitment are sent through the electronic information system.The instant transmission of the electronic information makes them difficult to recall and revocation,except the network's fault.The electronic characteristic of the transaction makes it difference on the time and place of the contract 's establishment from the"face to face" contract.The C2C online shopping contract was established when the electronic order promised by the buyer entered the third-party trading platform system,and the contract was established at the recipient of the regular residence.The validity of the C2C online shopping contract in China:it is presumed that the minor who can make the contract by using the network independently should have the contracting ability;the network anonymous transaction contract,although the party name or the name fictitious,but all passes through the third party attestation,the contract is valid;the contract for consumers to engage in fraudulent transactions is invalid or revocable;the online shopping contract established by buyer's electronic error is invalid or revocable,the contract set up by the seller or the network trading platform is valid and can be revoked in a fair way;the provider of the format clause shall,when dealing with the buyer,have the necessary reminders to the consumer and give the consumer the opportunity to fully examine the contract,otherwise the contract may be revoked.