The Research Of The Particularity In The Conclusion Of Electronic Contract

The essence characteristic and definition of the electronic contract has not changed，butdue to the use of modern means of communication，Some special problems turn, especially inthe stage of contract making。So we still need to make some adjustment and clarification onthe traditional provisions of contract, including the legal validity of contract formrequirement、the problem about making contract by the electronic agent、the problem aboutthe time and place on declaration of intention、contract main body particularity and electronicerror and so on. The research of the electronic contract special problems for solving theelectronic contract dispute has the reality significance.The discusses of this paper about particularity electronic contract problem will bedivided into four parts except preface and conclusion. It defines the electronic contract andput forward the four special problems in the electronic contract including the virtuality ofmain body、contract text electronization、the particularity of electronic contract declarationof intention, and the particular effect of the contract law making.The second part is about the main body particularity of electronic contract. Because ofthe virtuality of it’s body,we must make it’s subjects clear. Electronic signature andelectronic authentication, respectively from the technical means and the third partycertification method ensures that the electronic data message sent the parties to a contract andthe authenticity of electronic signature are true. And they make sure the electronic signers areconsent to it’s messages and make sure their credit status. The article detailed discusses thesystem of electronic agent,and the electronic agent does not have the electronic contract legalsubject qualification, it’s just tools to make a contract. So the agent electronic agent should beborne by the user. The ability of juveniles to make contracts is also discussed. The writerthink juveniles have full contractual capacity in the virtual network environment.In the third part, the paper concentrates on the particularity of the rules about electronicoffer and promise. The time and place of electronic offer and acceptance as well as theircanceling and withdrawal regulated in UECIC and CISG is discussed and legislation ofrelated laws in China are proposed. Laws related make basic distinctions between thespecified system and non-specified system, when the parties specifies the specific system, the declaration arrival time is the effective time or any time arrival at any system is the effectivetime. For effective places of intention, because of the virtuality of electronic contract, the lawallows for effective locations agreed upon by the parties, but not limited to main businessplace provided by traditional legal.About electronic offer and acceptance, I think it’s notappropriate to provide that the withdrawl and cancelling system non used in the electroniccontract because of it’s timelessness.I think as long as there is the possibility of withdrawaland revocation, the tradional law can be applied. On the issue of the legal effect about theform of electronic contract, the author agree to most provisions of most national andinternational laws about the functional equivalent method. The principle can well solve theproblem of legal effect on electronic form. For the special defects of declaration ofintention—electronic errors, I put forward the special principle of imputation, in order tosolve the contract dispute.The last part of paper is a summary. Throughout the full paper, the article logic is clearand demonstrated fully.