With the convening of the 218 Global Blockchain Summit Forum, blockchain technology has been applied in more fields. "Blockchain+"has become the general trend. The model of "blockchain+electronic contract" provides security traceability's guarantee for electronic contract.
so what exactly is an electronic contract? Compared with traditional paper contracts, what are the advantages of electronic contracts? Signing the shield will take you to re-understand the electronic contract.
1. Characteristics of electronic contract
1. Electronic contract is a civil legal act
This civil legal act of electronic contract is a legal act of two or more civil subjects, with the purpose of establishing, changing and terminating property civil rights and obligations electronically between the parties. This contract signed between the parties is electronic and a new form of contract. According to the relevant provisions in the Model Law on Electronic Commerce, an electronic contract is an agreement aimed at property, and the model law lists a large number of relationships of a commercial nature.
2. Virtualization and generalization of trading subjects
The whole process of electronic contract conclusion is in electronic form, and electronic contract negotiation, signing and performance are carried out by means of e-mail and edi. This contract 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. This transaction method certainly needs to provide a series of supporting measures, such as establishing a credit system, so that the counterparty e69DA5E887AAE79BE5BAA6E79FA5E98193333343626531 can know the credit status of the other party before the transaction. In today's globalized world economy, credit rights and interests will surely become an intangible property.
3. Technicalization and standardization
Electronic contracts are conducted through computer networks, which is different from the traditional way of concluding contracts. The whole transaction process of electronic contracts needs to be regulated by a series of international and domestic technical standards, such as electronic signature and electronic authentication. These specific standards are the basis for the existence of electronic contracts. Without relevant technologies and standards, electronic contracts cannot be realized and exist.
4. electronicization of contract conclusion
China's Contract Law stipulates that the conclusion of a contract needs two processes: offer and acceptance, and electronic contracts also need to have these elements. The offer and acceptance of traditional contracts are different from those of electronic contracts. Both offers and acceptances in electronic contracts can be completed in electronic form. It mainly inputs relevant information in accordance with preset procedures, and the computer can automatically make corresponding meaning representations.
5. electronicization of the expression of will in electronic contracts
electronicization of the expression of will refers to an act of expressing one's wishes through relevant electronic means in the process of concluding a contract, which is realized through electronic means. In the Model Law on Electronic Commerce, the electronic expression of will is called "data message".
second, the difference between electronic contract and traditional contract
1. The environment of contract conclusion is different
The conclusion of traditional contract takes place in the real world, and both parties can negotiate face to face; However, the conclusion of electronic contracts takes place in virtual space, and the two parties to the transaction generally do not meet each other, and they can't even determine the counterpart of the transaction. Their identity only depends on the identification of passwords or the authentication of certification bodies.
2. The various links of contract conclusion have changed
Under the network environment, the sending and receiving time of an offer and an acceptance is more complicated than that of a traditional contract, and the constitutive conditions for the establishment and effectiveness of the contract are also different.
3. The form of the contract has changed
The information contained in the electronic contract is a data message, and there is no difference between the original and the copy, so it is impossible to sign and seal it in the traditional way.
4. The rights and obligations of the parties to a contract are also different
In an electronic contract, there are both substantive rights and obligations determined by the contents of the contract and formal rights and obligations arising from special contract forms, such as digital signature legal relations. In the legal relationship of substantive rights and obligations, some rights and obligations that are not paid much attention to in traditional contracts are very important in electronic contracts, such as information disclosure obligations and privacy protection obligations.
5. The performance and payment of electronic contracts are more complicated than traditional contracts.
The main impact on contract performance is some changes caused by the adoption of electronic payment methods. In information product transactions, contracting, delivery and payment may be completed online, which will have a great impact on contract performance. The issues involved in performance are:
A. Relief measures in performance
B. Exercise of electronic self-help rights in information product transactions
C. Definition of risk liability
D. Legal issues in electronic payment, etc.
III. Electronic contract signing platform
Although there are essential differences in form between electronic contracts and traditional contracts, their effects are the same. And compared with the traditional paper contract, the biggest advantage of electronic contract is its low cost and high speed.
the electronic contract signing platform of signing shield is a third-party electronic service provider, which can not only realize real-name authentication, online signing and contract deposit, but also provide professional services such as insurance litigation, judicial certification and online arbitration.
after registering on the shield signing platform and real-name authentication, you can initiate electronic contract signing. The chain of evidence generated during the signing process will be simultaneously entrusted to the authoritative judicial institutions, and notarial certificates and appraisal certificates can be issued. If there is a dispute, you can choose online arbitration, entrust the court to enforce the contract, and avoid the tedious process of protecting rights and collecting debts. At the same time, the initiated electronic signing can be completed by mobile phone and pc, which is simple, convenient and fast.