The establishment of electronic contract simply means that the contract between the parties have already reached a point that consistent, but the contract could produce legal effects, whether the protection of the law remains to be seen whether he meets the legal
requirements, that is, whether the contract meets the statutory elements of the entry into force . The establishment of electronic contract does not mean that the entry into force of electronic contracts, electronic entry into force of the contract means the contract has been established in line with the entry into force of the law element. Although China's "Contract Law" entry into force of the contract does not make specific provisions, but the electronic contract is a typical civil legal relationship. China's "Civil Law" Article 55 stipulates that a civil legal action should have the following elements:
1, the perpetrator has a corresponding capacity.
2, meaning that true.
3, does not violate the law or social public interests.
These conditions are general elements of the contract in force, and some need to have the special elements of electronic contract, such as some special electronic contract to the relevant departments need to apply for approval for registration to take effect. Entry into force of electronic contract must have the following statutory requirements:
1. Perpetrator has a corresponding capacity for civil conduct
The perpetrator has a corresponding capacity for civil conduct of the element in an academic capacity is also known as a principle or the principle of the main pass. The perpetrator must have the correct understanding of the nature and consequences of their actions, independent ability to express their meaning.
2. Electronics, said the true meaning of
Refers to the use of information processing systems, or computers for the real meaning of that situation. Electronic means in the form of the table are diverse, including but not limited to the telephone, telegraph, telex, fax, e-mail, EDI, Internet, data, etc., specifically through the closed-end EDI network, LAN and Internet connection open to the Internet or traditional telecom electronic transaction information transmission.
3. Not against the law and social public interests of the
Not against the law and social public interests, is the electronic contract is legal. Validity of the contract is not only to comply with the law, but also in the contents of the contract shall not be a violation of social and public interests.
In China, where a serious breach of public morality and good customs of the contract, shall be found void.
4. The contract must have the form required by law
China's current legal provisions can not be confirmed in the form of electronic contract belongs to that type, even though the above contract with the traditional electronic contracts have many differences, but the areas that are not elements in the form of new technology into productive forces to block the pace of legislation already in the form of the contract The paperless opened the green light. Law data messages should be given a written contract, the contract status, meaning that either way is using electronic, optical or other possible future new ways, once met the functional requirements, and the law should be equivalent to the "written contract, "document, recognizing its effectiveness.
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