The electronic contract signing system uses electronic signature technology to realize the signing of electronic contracts.

The establishment of an electronic contract refers to the behavior and process in which the contracting parties express their intentions and reach an agreement. The signing of any contract requires one or more negotiations between the parties. When an agreement is finally reached, the contract will be established. The establishment of an electronic contract refers to the agreement between the parties on the main terms of the contract.

As a special form of contract, the establishment of an electronic contract requires the same relevant elements and conditions as a traditional contract. Contract laws in various countries around the world generally reduce unnecessary restrictions on the establishment of contracts. This approach is to adapt to and encourage transaction behavior and enhance the needs of social wealth.

So when it comes to the establishment of an electronic contract, it can be established as long as the parties agree on the main terms of the contract. Regarding the main terms in a contract, the current legislation is very broad. Article 12 of my country's Contract Law has enumerated provisions, but the enumerated provisions refer to general terms.

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 between the parties must be the main terms. If there is no agreement, the main terms of the contract can be determined based on the nature of the contract. The establishment of a contract and the conclusion of a contract are two different concepts, which are both related and different. The establishment of an electronic contract requires corresponding elements:

First of all, the parties to the contract are two or more parties. The subjects of the contract are the parties to the contractual relationship. They actually enjoy the contract rights and assume the contract obligations. people.

Secondly, the parties to the contract have reached an agreement on the main terms. The fundamental sign of the establishment of the contract is that the parties to the contract have reached an agreement on the main terms of the contract.

Finally, the establishment of a contract should have two stages: offer and acceptance. Article 13 of the "Contract Law" stipulates: "The parties conclude a contract by means of offer and acceptance."

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Time and place of establishment of electronic contract:

The establishment time of electronic contract refers to the time when electronic contract begins to become legally binding on the parties. Under normal circumstances, the establishment time of an electronic contract is the effective time of the electronic contract, and the time when the contract is established is the time when it takes legal effect on both parties. It is generally believed that the time when the recipient receives the data message is the time when it takes effect.

Article 15 of the United Nations "Model Law on Electronic Commerce" and Article 16 of my country's "Contract Law" are basically the same. If the recipient specifies a certain information system for receiving the data message, the time when the data system enters the specific system is deemed to be the time of receipt. If the recipient does not specify a specific information system. Then the time when the data message enters any information system of the recipient is the time of receipt.

As for what "entry" is, a data message enters an information system. The time shall be the time available for processing within the information system, regardless of whether the recipient checks or reads the content of the transmitted information. Determining the time of sending and receiving electronic contracts is of great significance in determining the establishment and effectiveness of the transaction.

my country's "Contract Law" only provides principled provisions on this. According to the Contract Law and the basic principles of civil legal relations and the actual situation of electronic contracts, the default rule for determining the time of sending and receiving electronic communications is, in the absence of a contrary agreement between the parties. When an electronic message enters an information system beyond the control of the transmitter, it is deemed to have been sent.

If the information enters multiple information systems one after another, the time when the information is sent will be the first to enter the server of its network service provider. When sent to the recipient's computer system, the time the information is sent is the time it first enters the network service provider's server. In judging the time of receiving information.

If the recipient of the electronic information designates an information receiving system, the time when the electronic information enters the system is the time when the information is received. The place where the electronic contract is established refers to the place where the electronic contract is established. Determining the place where an electronic contract is established involves issues such as where and what level of court will have jurisdiction after a contract dispute occurs, and the applicable legal issues.

Article 34 of my country's "Contract Law" stipulates that the place where a commitment takes effect is the place where the contract is established. The principal place of business of the recipient who enters into the contract using the form of electronic expression of intention is the place where the contract is established. There is no main place of business. of the place of business. The place of habitual residence shall be the place where the contract is established. If the parties agree otherwise, such agreement shall prevail. Our country's legislation adopts "reach doctrine" for electronic expressions of intention.

The reason why it is stipulated that the place of receipt is the place where the contract is established is to take into account the principle of party autonomy and the issue of particularity. The reason why Article 34 of my country's Contract Law stipulates this is mainly because in electronic transactions, the information system used by the recipient to receive or retrieve data messages is often not in the same jurisdiction as the recipient.

The above provisions ensure that the recipient has some reasonable connection with the location regarded as the place of receipt. It can be said that this provision of my country's "Contract Law" fully considers the special characteristics of e-commerce that are different from general transactions. sex.

Baidu Encyclopedia-Electronic Contract