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Does Tencent's electronic IOU have legal effect?
First of all, the Civil Code makes it clear that electronic contract is a form of written contract; If a confirmation letter is needed, the sign of the establishment of an electronic contract is that it will take effect when the following conditions are met and the electronic signature is used in conjunction with the signing of the confirmation letter.
Second, the effectiveness of the electronic contract The establishment of the contract is the premise of the validity of the contract, but the established contract may not be effective. Article 502 A lawfully formed contract shall become effective upon its formation, unless otherwise provided by law or agreed by the parties. Article 508 Where the validity of a contract is not stipulated in this Part, the relevant provisions in Chapter VI of Part I of this Law shall apply. Chapter VI of Part I: Article 143 A civil juristic act that meets the following conditions is valid:
(1) the actor has corresponding capacity for civil conduct;
(2) the meaning is true;
(three) does not violate the mandatory provisions of laws and administrative regulations, and does not violate public order and good customs. Article 144 A civil juristic act performed by a person without capacity for civil conduct is invalid. Article 146 A civil juristic act carried out by the actor and the counterpart on the basis of false intention is invalid. Generally speaking, an electronic contract that is not a person without civil capacity (under the age of six), does not violate the mandatory provisions of laws and administrative regulations, does not violate public order and good customs, and both parties have no false representation is generally valid. Of course, even if the above conditions are met, the effectiveness of different types of electronic contracts may be different. This paper will focus on the effectiveness of the electronic loan contract.
Three. Special Establishment of Electronic Loan Contract Article 668 A loan contract shall be in written form, unless otherwise agreed between natural persons. Article 679 A loan contract between natural persons is established when the lender provides the loan. So how to ensure its authenticity, legitimacy and effectiveness? The "sign a note" applet /application/software/app recommended by colleagues has effectively done this. Users must register in real-name registration system, and the blockchain technology "time stamp" ensures that the contract data cannot be tampered with, and the contract data is notarized by Hangzhou National Notary Office. The model contract is provided by a professional lawyer and is legal and valid. I can also get legal advice, and I can also get back the money that others owe me through online arbitration.
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