On The Establishment Of Electronic Contracts

The biggest characteristic of the electronics contract is a contract to form to complete on the net. Although law don't to next and explicit definition of the electronics contract, pass the research to the law concerning the provision, can define the electronics contract as: The relevant party concerned makes use of the calculator network system direct or the agreement that make indirectly. The electronics contract is a kind of civil case legal act of new form, the conjecture that trades the corpus turns and turns extensively, complete go forward the line in the virtual space, trade the fast convenience, generally not become the written form, the contract the party concerned disappears the noodles also, the meaning expressing electronical, the electronics data that it depend on has the easy disappearance and changes to move sex easily, taking the main business ground of the consignee as the location that the contract establish generally on the location that the contract establish, have no main business ground of, it usually lives the ground as the location that the contract establish.The electronics contract form can be see as the written form document, become the electronics contract whether drive the key problem that traditional law accept. So, there is the necessary extension concept of traditional" written form ", the contract form that electronics trade should be see as" written form ", having the function and the effect that etc. is together with the written form document of the paper quality.In electronics trade, can't judge whether the party concerned have the real forming agreement or not about ability. Have no behavior ability person and limit the behavior ability whether the contract that person form is valid or not? Can consult the Taiwanese region of ? the telecommunication method )> concerning" have no behavior ability person or limit the ability person the usage behavior of the telecommunication, for the telecommunication business, see as have the behavior ability the person." Of provision, to solve the behavior ability problem but causable contract controversies thoroughly.Many persons do not appear with own true body on the network, but appear with virtual" corpus" body, whether can think that the contract the party concerned is nonexistent but announces the contract not to establish? Trade for the more simple electronics of some right and duties, the consumer should be able to not provide the true body. Only have under the condition of a handful of, purchase merchandise or the service just needs to provide own true body, otherwise can think, the contract that of company's house and anonymous consumer establish is valid.To solve the behavior ability problem of company's house, can build up a from official management of Internet attestation organization, press the request pit true body of solid company's house that the net trades up from the attestation organization, countersign a" digital certificate", use to explain its legitimacy. The business license function the equal to industry and business management section of the digital certificate distribute, the electronics attestation organization guards a pass strictly, trading legal rights of the corpus with the valid guarantee.The electronics trade invitation for offer with the offer the distinction standard still wants basis