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The Research Of Mistake Of Intention In The Electronic Contract

Posted on:2009-11-19Degree:MasterType:Thesis
Country:ChinaCandidate:X P JiFull Text:PDF
GTID:2166360275470635Subject:Civil and Commercial Law
Abstract/Summary:
With the maturity of modern information technology, E-commerce is taking more and more portion in the field of countries'commerce. However, it brings not only opportunities, but also challenges. The traditional law system, facing the commerce revolution as the result of the technology development, is becoming out of date, which causes new legal problems. Thanks to the wide usage of E-contract, intention is expressed in the form of E-record rather than that of oral and written. Such changes are challenging the principle of traditional commerce law theory on regulating the mistake of intention in E-commerce.The paper starts with E-contract, the essential element of E-commerce, then the author concludes and analyses the forms of mistake of intention in E-contract, trying to find the solution on the basis of the traditional contract theory and law in force. The next part is mainly talking about the details of the system of withdrawal of electronic declaration of will. Then the author talks about the cancellation right of E-contract and states the effectiveness of different solutions to mistake of intention in E-contract legally and contractually combining with the achievements of the world's E-Commerce legislation.Finally, the author puts forward some suggestions to perfect the legislation of electronic contract according to the characteristics of international legislation and our country's present situation.
Keywords/Search Tags:electronic contract, mistake of intention, withdrawal of the declaration of will, cancellation right
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