Is the online p2p lending electronic contract signed online valid? As long as it is formal and legal, it is valid.
1. The Contract Law recognizes the legal validity of electronic contracts.
A traditional electronic contract (i.e. "written contract") is established when both parties sign or seal it, and the surgical signature and seal are also proof of the authenticity of the contract. However, the authenticity of an electronic contract cannot be signed in handwriting. So how to prove the authenticity of the content of the contract and determine the time when the contract was established? Our country's "Contract Law" does not directly answer this question, but stipulates that the parties use data messages Those who conclude a contract in other forms may require a confirmation letter to be signed before the contract is established. A contract is formed when the confirmation is signed.
Article 10 of my country's "Contract Law" stipulates: The parties may conclude a contract in written form, oral form or other forms. If laws and administrative regulations stipulate the use of written form, the written form shall be adopted. If the parties agree to do so in writing, they shall do so in writing.
Article 11 stipulates: Written form refers to contracts, letters and data messages (including telegrams, telexes, faxes, electronic data interchange and emails) and other forms that can tangibly express the content contained therein. .
2. The Electronic Signature Law recognizes the legal validity of electronic contracts.
In addition, when a contract is established, electronic signatures can be agreed to be used in accordance with my country's "Electronic Signature Law".
Article 3 of the "Electronic Signature Law" stipulates: For contracts or other documents, documents and other documents in civil activities, the parties may agree to use or not use electronic signatures and data messages.
The legal effect of documents agreed by the parties to use electronic signatures and data messages shall not be denied simply because they are in the form of electronic signatures or data messages.
Article 4 stipulates: Data messages that can tangibly express the content contained and can be retrieved at any time are deemed to be in written form that meets the requirements of laws and regulations.
Article 14 stipulates: A reliable electronic signature has the same legal effect as a handwritten signature or seal.
The above provisions of the "Contract Law" and the "Electronic Signature Law" actually give electronic contracts the same legal effect as traditional contracts, and give electronic contracts the legal status they deserve from legislation.
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