Only the WeChat payment record will be recognized as a contract by the court?

Wechat is the most widely used instant messaging tool for China citizens. Some people will use WeChat to borrow money, work and so on. And the chat history of WeChat can be used as evidence. The chat record of WeChat belongs to a kind of electronic evidence, and the chat record of WeChat belongs to the data message in the written contract.

User consultation:

Can we conclude that the two parties have entered into a sales contract only by WeChat chat records?

The lawyer's answer:

WeChat chat can be used as a contract, as long as both parties reach an agreement on the terms of the contract in WeChat chat. Wechat chat records belong to data messages. If the WeChat chat record has contract elements, it can be regarded as a written contract with legal effect.

In electronic contracts, there are not only substantive rights and obligations determined by the contract content, but also formal rights and obligations arising from special contract forms, such as digital signature legal relationship. In the legal relationship of substantive rights and obligations, some rights and obligations that are not paid much attention to in written contracts are very important in electronic contracts, such as information disclosure obligations and privacy protection obligations.

The lawyer added:

The parties may conclude a contract in writing, orally or in other forms. Written form refers to contracts, letters, telegrams, telexes, faxes and other forms that can tangibly express the contents contained. A data message that can tangibly express its content through electronic data interchange, e-mail, etc. , and can be retrieved at any time, are considered in writing. The contents of a contract are agreed upon by the parties, and generally include the following terms: (1) the name and domicile of the parties; (2) Subject matter; (3) quantity; (4) quality; (5) Price or remuneration; (6) Time limit, place and method of performance; (7) Liability for breach of contract; (8) Methods for resolving disputes.

The following conditions are required for the contract to take effect:

(1) The parties to a contract have corresponding capacity for civil rights and capacity for civil conduct;

(two) the intention of the parties to the contract is true;

(3) It does not violate the law or public interests;

(4) Having the formal requirements for the entry into force of the contract as stipulated by laws and administrative regulations.

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