Legal analysis
An electronic contract, also known as an e-commerce contract, is an agreement between two or more parties to conclude, change and terminate the civil rights and obligations of property through an electronic information network. Its establishment only means that the parties have reached an agreement on the contents of the contract, but whether the contract can take legal effect and be protected by law depends on whether it meets the statutory effective requirements. With the development of electronic technology, electronic contracts came into being with the characteristics of convenient transmission and economy. Although it also transmits information through electronic pulses, it is no longer based on a piece of paper. Both of them occupy a place in e-commerce activities with their own characteristics and advantages. There are significant differences between electronic contracts and traditional contracts. The parties to an electronic contract, the offer, the acceptance and the validity of the contract are all difficult problems in modern legislation. 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. 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 all conducted by e-mail. 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.
legal ground
Article 512 of the General Principles of Civil Law of People's Republic of China (PRC) * * * For an electronic contract concluded through information networks such as the Internet, if the subject matter is the delivery of goods and delivered through express logistics, the time for the consignee to sign for it is the delivery time. The object of an electronic contract is to provide services, and the time specified in the generated electronic certificate or physical certificate is the time to provide services; If the time is not specified in the above vouchers or the time specified is inconsistent with the actual time of providing services, the actual time of providing services shall prevail. If the subject matter of an electronic contract is delivered by online transmission, the time when the subject matter of the contract enters the specific system designated by the other party and can be retrieved and identified is the delivery time. 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.