As true and effective evidence, e-signature products focus on the requirements of Article 13 of the Electronic Signature Law for reliable electronic signatures.
Combining identity services, digital certificates, time stamps and other technologies, in addition, e-Signature cooperates with third-party notary offices and judicial expertise centers to analyze the electronic data stored by users in e-Signature.
According to the actual situation, a notarial certificate or judicial appraisal report is issued to provide higher legal proof for the probative power of electronic data.
An electronic contract, also known as an e-commerce contract, can be defined as: an electronic contract is an agreement that two or more parties conclude, modify and terminate the civil rights and obligations of property electronically through an electronic information network according to the Model Law on Electronic Commerce of the United Nations Commission on International Trade Law and the electronic transaction laws promulgated by various countries in the world, combined with the relevant provisions of China's contract law.
From the above definition, we can see that an electronic contract is a contract concluded by electronic means, which mainly refers to an electronic agreement signed by the parties in the form of data messages and emails to clarify the rights and obligations of both parties in order to achieve a certain purpose under the network conditions.
The object of an electronic contract can be the delivery of goods or the provision of services. Where the parties to an electronic contract have otherwise agreed on the manner and time of delivery of goods or provision of services, such agreement shall prevail.
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Civil juristic act
Electronic contract is a civil legal act, which is the legal act of two or more civil subjects. The purpose of a contract is to establish, change and terminate the civil rights and obligations of property by electronic means. The contract signed between the parties is an electronic contract, which is a new contract form. According to the relevant provisions in the Model Law on Electronic Commerce, an electronic contract is an agreement aimed at property, and the model law lists a large number of relationships of a commercial nature.
The subject of the transaction is virtual and extensive.
The whole process of electronic contract conclusion is in electronic form, which is in line with the characteristics of easy preservation. The negotiation, signing and performance of electronic contracts are conducted by e-mail and electronic data exchange. This contracting method greatly saves transaction costs and improves economic benefits. The transaction subject of an electronic contract can be any natural person and legal person in the global village and their related organizations. Of course, this trading method needs to provide a series of supporting measures, such as establishing a credit system, so that counterparties can know each other's credit status before trading. In today's globalized world economy, credit rights and interests will surely become an intangible property.
Technology and standardization
Electronic contracts are conducted through computer networks, which is different from the traditional way of concluding contracts. The whole transaction process of electronic contract needs to be regulated by a series of international and domestic technical standards such as electronic signature and electronic authentication. These specific standards are the basis for the existence of electronic contracts. Without relevant technologies and standards, electronic contracts cannot be realized and exist.
The conclusion of electronic contract
China's "Contract Law" stipulates that the conclusion of a contract needs to go through two processes: offer and acceptance, and electronic contracts also need to have these elements. The offer and acceptance of traditional contracts are different from electronic contracts. Both offer and acceptance in electronic contracts can be completed in electronic form. It mainly inputs relevant information according to the preset program, and the computer can automatically make corresponding meaning expression.
Electronic Expression of Intention in Contract
The electronization of the expression of will refers to the act of expressing one's intention through relevant electronic means in the process of concluding a contract, and the expression of this act is realized by electronic means. In the Model Law on Electronic Commerce, the expression of will by electronic means is called "data message".
The conclusion and establishment of electronic contract
The conclusion of an electronic contract refers to the behavior and process in which the parties to the contract express their intentions and reach an agreement. The signing of any contract requires both parties to reach an agreement after one or more negotiations before the contract can be established. The establishment of an electronic contract means that the parties reach an agreement on the main terms of the contract.
As a special form of contract, electronic contract, like traditional contract, also needs relevant elements and conditions. Most of the contract laws in the world reduce unnecessary restrictions on the formation of contracts, which is the need to adapt and encourage transactions and enhance social wealth. Therefore, in the establishment of an electronic contract, it can be established as long as the parties reach an agreement on the main terms of the contract.
As for the main clauses in the contract, the current legislation is very broad. Article 12 of China's Contract Law makes enumerated provisions, but enumerated provisions refer to general clauses. The author believes that as far as the main essence of the contract is concerned, if the parties have an agreement on the main terms of the contract, the agreement should be the main term; If there is no agreement, the main terms of the contract can be determined according to the nature of the contract.