Research On Errors In Expression Of Intention In Electronic Contract

Nowadays,the development of science and technology requires a more efficient and convenient way of trading.Electronic contracts emerge as the times require.Electronic contracts rely on electronic transactions.The complexity and diversity of e-commerce make the problems of electronic contracts also complex and diverse.The problems and disputes arising from electronic contracts entered into by business operators because of wrong intention are particularly rich.Therefore,in order to solve the related problems of the birth of the contract with wrong intention,it is necessary to study the establishment of the contract,the revocation of the electronic contract and the scope of compensation after the revocation of the contract.This paper will focus on the controversial focus of the court’s judgment on the establishment of electronic contract through the viewpoints of existing scholars in theory and practice.Fully state the problem and propose the corresponding solution.This article will analyze the establishment of electronic contracts and the application of the right to revoke electronic contracts based on misrepresentation of meaning from the focus of controversy in the case of related cases of misrepresentation of meaning in electronic contracts.Applying different theories and relevant judicial practices to determine the nature of the commodity service information page,the commodity service information page that meets the requirements of the offer and is constrained should be identified as an offer.Secondly,according to the relevant legal provisions,this paper analyzes the influence of the standard terms of the network user agreement on the establishment of the electronic contract,and discusses the limitations of the existing legal norms on the standard terms of the network user agreement.It is concluded that the e-commerce contract is usually adjusted by the second paragraph of Article 49 of the " E-commerce Law." Except that the consumer does not pay the payment or the parties agree on the time of establishment of the contract through non-standard terms,it is adjusted by the provisions of Article 491 of the " Civil Code."Under the premise of the establishment of electronic contracts,business operators often request the cancellation of contracts on the grounds of price errors,and major misunderstandings are also the application of intention expression errors in China.Therefore,this article will identify the major misunderstanding system and solve the problem of revocation of electronic contracts from the constituent elements of major misunderstandings,the application of the theory of meaning errors,and the criteria for judging the right to revoke electronic contracts in judicial practice.After the termination of the electronic contract,the compensation rules and the scope of compensation are clarified,and the responsibilities of the buyers and sellers after the termination of the contract are summarized.The seller operator needs to bear the corresponding contracting fault liability for the termination of the electronic contract due to the intention expression error.Consumers maliciously use the wrong price to submit a large number of orders,and the seller operator can also be exempted from the corresponding liability.This paper hopes to fill the relevant operation system of the establishment of electronic contracts and major misunderstandings,and provide a solution and reference for future e-commerce problems and related cases.