| In the information age,shopping and consuming online are very common indispensible in daily life. It is also an important way of civil and commercial transaction in civil society, concluding a contract electronically is a very similar situation.With the developing of rising technologies and transaction modes,there comes new troubles such as price error in online transaction.The first of this article promts disputed points of online price error cases.In recent years,disputes comes from online price error not only happened in our country,but also many other countries and regions,such as a number of online price error cases of Dell Corporation in Taiwan,China.Different courts didn’t adopt completely consistent judgment to similar cases,and there are many debates in academic circle.besides,a number of online price error incident in famous electricity supplier website drew media and the public’ attention.so do analysis to each point.There are three disputed points:firstly,how to decide if the quality of the price on the web page is an offer or an invitation to treat? Secondly,If the latter,how to decide if there is an acceptance after the buyer’s offer?How to decide if an contract has been established?And then,how to remedy contract on the grounds of wrongly expressed meaning.The second part of this article analyse the establishment of electronic contract.Although online(electronic) contract has many different characterietics with traditional contract,there’s no change of the nature of contract,so rules of offer and acceptance in traditional civil law will be the theory basis while I do the analysis of the establishment of onine contracts.Besides,modern online transaction is supported with new technologies, operation mode has many new characteristics which didn’t exist when traditional theory formated,so I will combine with the characteristics of new technologies and online transaction, to analyse in what kind of situation should we decide he quality of the price on the web page to be an offer or an invitation to treat,how to decide if the acceptance has been made,then decide if the contract has been established.The third part of this article analyse the effect of contract, and how to remedy disputes comes from online price error?Wrongly expressed meaning system has a lone history,and has been adopted by many codes and transnational legal documents in civil law system and common law system,but has not been adopted by current law of our country. To remedy disputes comes from online price error,<General Principles of Civil Law of the People’s Republic of China> and <Contract Law of the People’s Republic of China> both stipulate singnificant misunderstanding system as one reason of voidable act of law, legal practice of our country also cite singnificant misunderstanding and obviously unfair system ordinarily.<General Rules Expert Proposal Draft·Civil Code of the People’s Republic of China> was submitted in June,2015.In place of singnificant misunderstanding system,it stipulated Wrongly expressed meaning system.Under the circumstances of expressing wrong intention,and on the basis of wrongly expressed meaning system,comparison will be used in this aiticle to analyse what kind of error can be remedy,what is the influence of the fault or accountability of representor and the concerned person who interact each other in modern transaction to the effect of the act of law.Around the dispute points above,this article will base on rules of offer and acceptance and declaration of will in tranditional civil law,combine with the content of current law and the trend of construction of civil code of our country,refer to provisions of civil law countries (regions) like Germany,Japan,China Taiwan and transnational legal documents like PECL,DCFR,PICC,and new characteristics of internet and online transaction,based on the principles of autonomy of will,good faith and fair dealing,to analyse the connotation of modern rules of offer and acceptance and wrongly expressed meaning system,and then the establishment and effect of contract in disputes comes from online price error. |
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