Research On The System Of Performance Online Of The Contracts

The online performing transaction mode of contract which is a comprehensive reform to perform mode of contract is a product of economic development of network. The online performance in the process of which there's unique characteristic and specific performing rules that we perform the contract entirely or partly in the way of electronic transmission through the internet.This article studies the mainline that the construction of online performance system of contract. On the base of summarizing the development history, this article makes the definition of online performance to contract, brings forward its particularity and legal matters it brought, combined with the legislative status of its system, systematically studies its object's species and constructs the performance regulation based on its distinctness, and the legal issue of the remedy of both parties to the contract and finally puts forward the theoretic point and legislative proposal. The main contents of following chapters are:Chapter one is about the summarization and the anticipation of legislation of online performance of contract. Through its development history, chapter one tells the differences between online performance of contract and other relevant definitions, defines what is online performance of contract, concludes its particularity and legal matters it brought. In allusion to its particularity, this chapter makes legislative review, draws lessons from other countries and makes legislative anticipation to the construction of system of online performance to contract.Chapter two is about the objects of online performance to contract. This chapter summarizes its characteristic, defines its property and discusses its species based on the differences between the objects of genetic contract and contract of online performance.Chapter three is about the regulation of online performance to contract. This chapter mainly analyses the value of the construction of this system, studies the different regulations between usual performance and online performance to contract and constructs the system of online performance to contract by regulating rights and obligations of delivery, reception, inspection and acceptance in the process of performance to contract and the post-contract obligation.Chapter four is about the remedy of online performance to contract. This article analyses its necessity, and systematically brings forwards the means of the remedy of the parties to contract.