1. What should I do if the online loan is signed under an impersonation?
The online loan was cheated, but after signing the contract, you can contact the online loan institution not to lend money. At this time, it belongs to the user's breach of contract, and generally needs to pay liquidated damages. Or the online lending institution does not directly lend money, then the user does not need to manage the loan contract, because the lending institution does not lend money, which is a breach of contract by the lending institution, and the user does not need to bear any responsibility. Of course, users should not click on the loan link at will. Once they fill in their basic information and sign the loan contract, it will be very troublesome to break the contract again.
If the online loan is cheated and an electronic contract is signed, relevant evidence can be collected to prove that it is really cheated. If it is cheated, it will have no legal effect. The written effect of electronic contract is not simply a matter of transplanting traditional contract norms into online transactions, but how to rebuild norms with similar legal value in the network. The reason is:
1. Anything that meets the function of written form, whether it is "paper" or "electronic data", can be regarded as written form;
2. Acknowledge the legal effect of electronic contracts. The most basic function of traditional paper written form is to keep information for future reference for a long time.
3, determine the traditional written form of the original data message, refers to the information attached to the paper medium for the first time and has not changed since then.
2. What are the provisions on the evidential validity of electronic contracts?
The people's court shall distinguish the authenticity of audio-visual materials and examine whether it can be used as a basis for ascertaining facts in combination with other evidence in this case. It can be seen that audio-visual materials cannot independently and directly prove the facts to be proved, which belongs to the category of indirect evidence. Electronic contract is an agreement between e-mail and electronic data exchange, which clarifies the rights and obligations of both parties. Electronic evidence should be classified as indirect evidence because it is easy to be forged and tampered with, and it is easy to make mistakes due to human factors and technical conditions. Therefore, electronic contracts are endowed with evidential effect.
(1) indicates the source of the document;
(2) indicating that the signatory has confirmed the contents contained in the document;
(3) Evidence that the signatory is responsible for the correctness or completeness of the document.
It can also confirm the facts in the process of file transmission like the signature of a written document. Electronic information is generally stored in a computer, and there are generally two ways to present it to the court.
(1) is displayed on the computer monitor;
(2) print it out. The domestic practice is to submit the original, and the copy cannot be used as evidence alone. Computer printed copies of electronic data cannot be regarded as originals, but belong to copies or transcripts.
(1) An electronic contract has the legal effect in written form. We don't have a legal definition of "document", but the traditional view is that it is written and can provide some information. However, with the development of electronic contracts, many countries have realized the necessity of using laws to determine their effectiveness. The United Nations Commission on International Trade Law adopted the Model Law on Electronic Commerce, which points out that digital information can be used as a written document because it can be quoted afterwards, and its legal effect, validity and enforceability cannot be denied just because it is digital. Electronic evidence and electronic contract The traditional written contract documents that determine the rights and obligations of both parties to a transaction are replaced by electronic documents stored in computer equipment, and these electronic documents become electronic evidence. Therefore, electronic evidence is also called computer evidence. Article 9 of the Model Law on Electronic Commerce stipulates that no party may deny the admissibility of a data message as evidence on the grounds that its form is not the original.
(II) The validity of electronic signature and the establishment of electronic contract are stipulated, and only when both parties sign or seal, the contract is established. The traditional electronic contract may not have a formal written text. At this time, the so-called signature and seal will have a new concept and way, that is, electronic signature. Just as a traditional contract only takes effect after being signed and sealed, if the electronic signature is invalid, it will not make the electronic contract take effect. Confirmation of the validity of electronic contract evidence Article 69 of China's Civil Procedure Law stipulates that the people's court shall distinguish the authenticity of audio-visual materials and examine whether it can be used as the basis for ascertaining the facts in combination with other evidence in this case.
In real life, online lending is legal, but it must be done through legal channels. If the electronic contract is signed under fraudulent circumstances, it is illegal, and the signed electronic contract is invalid, so don't worry too much about the deceived.