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Is Taobao transaction a contract?
The information of goods and services released by merchants in Taobao stores is a contract offer.
If the buyer accepts the quotation of the merchant and orders the listed goods, it is a promise. After the commitment takes effect, the two sides establish electronic data exchange. The carrier's written contract, that is, the electronic contract, has legal effect, and both parties shall perform it according to the contract.
Extended data
Contract is an objective requirement to adapt to the private ownership of commodity economy and a legal form of commodity exchange. After commodity production, people have gradually formed many habits and rituals about exchange in the long-term exchange practice for the sake of safety and credibility. These habits and rituals of commodity exchange have gradually become the general rules for adjusting commodity exchange.
With the establishment of private ownership and the emergence of the state, in order to maintain private ownership and normal economic order, the ruling class stipulated the habits and rules conducive to its commodity exchange in legal form, and ensured its implementation with the coercive power of the state. So the commodity exchange contract law came into being.
In ancient Rome, people paid attention to contracts. Signing a contract must go through the prescribed channels before it has legal effect. If any details of the terms and actions of the contract ceremony are omitted, the whole contract will be invalid. With the development of commodity economy, this complex form directly affects the development of commodity exchange.
In theory and practice, Roman law gradually overcame formalism in contracting. The appearance of material contract and consensual contract indicates that Roman law has changed from attaching importance to form to attaching importance to the will of the parties to the contract, thus liberating commodity exchange from complex forms and becoming the historical source of modern concept of freedom of contract.
Baidu Encyclopedia-Contract
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