Electronic contract formation, is the beginning of electronic contracts legally binding on the parties time to produce. Under normal circumstances, the establishment of electronic contract time is the effective time of electronic contracts, co -
With the set up time is on the parties to produce legal effects of time. Is generally believed that the time the recipient receives the data message shall reach the effect of time. The United Nations "Model Law on Electronic Commerce," the first
15 and China's "Contract Law" provisions of Article 16 of the same. If the addressee to receive the data message has designated an information system, the data system into the specific system time, as a Time of receipt.

If the recipient does not specify a particular information system, then the data message enters an information system of the recipient's time for the time of receipt. For what is "enter" a number of
According to message enters an information system, their time should be in the information system could be operational processing time, regardless of whether the check or whether the recipient read the transmitted information content.
To send and receive electronic contracts found time to set up and entered into force for judging the transaction has an important significance. China's "Contract Law" which merely makes a provision of principle. Under the "Contract Law ", And the basic principles of civil legal relations, and electronic contracts the actual situation, identification to send and receive electronic communication time of the default rules, in both cases, the absence of contrary agreement, an electronic letter
Interest to enter a delivery person can not control the information system is regarded as the information has been sent, if the information has access to a number of information systems, the information sent in time to the first access to their network service
Service provider's server, sent to the recipient's computer system, then the information is sent in time is the first network service providers to enter the server's time. In determining the information receipt
Inter-connection, if the recipient of electronic information specifies an information receiving system, the electronic information into the system, namely, the time information reception time.
The establishment of electronic contract locations, is the place where the establishment of electronic contract. To determine the location of the establishment of electronic contract relates to happen that way after the contract dispute, that the Court's jurisdiction and the applicable law class asked Question.

China's "Contract Law" Article 34 stipulates that the location effect to the commitments established in place of the contract, meaning that the form of electronic contract of the recipient's principal place of business for the contract to set up
Point, there is no principal place of business, its habitual residence for the location of the establishment of the contract, the parties agree otherwise in their agreement. That China's legislation on electronic means to adopt a "reach-ism", the
To the place of receipt of the contract provides for the establishment of the location, the reason is to take into account the principle of party autonomy and specificity of the problem. China's "Contract Law" Article 34 of the reason why such a requirement, mainly due to
For electronic transactions or retrieve data in the message recipient receives an information system often associated with the recipient not in the same jurisdiction, these provisions ensure that the recipient and the recipient site as the location has a
Some reasonable connection can be said that China's "Contract Law" This provision is fully taken into account the special nature of e-commerce transactions is different from the general.