In e-commerce, the meaning and role of contract did not change , but the form of it undergone a great change:
(1) The contract of the environment is different. Traditional contracts took place in the real world, the two sides can deal face to face consultation, and electronic contract took place in the virtual space, the two companies would not even meet each other in general, in the electronic automated trading, or even people can not determine whether the transaction is relatively. Their identity to rely on password authentication identification or certification body.
(2) contracts entered into various aspects of the change. Offer and commitment to the time of dispatch and receipt of the contract than the traditional complex, contract formation and the composition of the entry into force conditions are different.
(3) The form of the contract has changed. Electronic contract information contained in the data message, there is no distinction between originals and copies can not be using traditional methods to sign and seal.
(4) The rights and obligations of parties to the contract is different. In the electronic contract, there was not only determined by the contract rights and obligations of the entity, but also there is a special form of the contract arising from the formal rights and obligations, such as digital signatures legal relationship. In the substantive rights and obligations of legal relations, some in traditional contracts do not attach great importance to the rights and obligations in the electronic contract that very important, such as information disclosure obligations, protection of privacy obligations.
(5) The electronic contract performance and payment of the complexity the more traditional contract.
(6) changes in the form of electronic contract is closely related to contract law had a significant impact. Such as intellectual property law, law of evidence.
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