An electronic contract refers to a contract concluded through a computer network system and generated, stored or transmitted in the form of data messages. An electronic contract signed by all signatories with real-name authentication and reliable electronic signature technology has the same legal effect as a paper contract and a handwritten signature. Electronic contracts can be signed directly online without express delivery, which can save expenses and time costs for enterprises and save manpower at the same time.
Although the legal effect of electronic contract has a clear legal basis, in practice, there are still some details that are not clearly defined, which confuses friends who are new to the field of electronic contract. These problems deserve our in-depth consideration and study. For example, a friend recently asked me this question:
"The legal effect of electronic contracts, whether to find the relevant state departments to make an appraisal to be effective? Which department is needed for identification? Arbitration Commission, Notary Office or Judicial Center? "
In fact, a general contract does not need a specific form. As long as both parties agree, a legal and effective contract can be concluded. Therefore, the legal effect of electronic contract is actually the probative force of electronic contract as evidence.
According to the latest civil procedure law, electronic evidence (including electronic signature) is a kind of evidence just like documentary evidence; According to the electronic signature law, a reliable electronic signature has the same legal effect as a handwritten signature or seal. Therefore, the electronic contract with reliable electronic signature itself has legal effect, and its legal effect is not enhanced by judicial appraisal, but only improves the efficiency and accuracy of electronic evidence appraisal by courts or arbitration tribunals.