How to sign an electronic contract? Hurry up! !

Electronic contract signing system realizes electronic contract signing through electronic signature technology.

The conclusion of an electronic contract refers to the behavior and process in which the parties to the contract express their intentions and reach an agreement. The signing of any contract requires one or more consultations and negotiations between the two parties. And finally reach an agreement, the contract can be established. The establishment of an electronic contract means that the parties reach an agreement on the main terms of the contract.

As a special form of contract, electronic contract, like traditional contract, also needs relevant elements and conditions. Most contract laws in the world have reduced unnecessary restrictions on the formation of contracts. This practice is the need to adapt and encourage trading behavior and enhance social wealth.

Therefore, in the establishment of an electronic contract, it can be established as long as the parties reach an agreement on the main terms of the contract. As for the main clauses in the contract, the current legislation is very broad. Article 12 of China's Contract Law makes enumerated provisions, but enumerated provisions refer to general clauses.

As far as the main nature of the contract is concerned, if the parties have agreed on the main terms of the contract, the agreement shall be the main term. If there is no agreement, the main terms of the contract can be determined according to the nature of the contract. The establishment of contract and the conclusion of contract are two different concepts, which are both related and different. The establishment of electronic contracts requires corresponding requirements:

First of all, the contracting subjects are two or more parties, and the contracting subjects are the parties to the contractual relationship. They actually enjoy contractual rights and undertake contractual obligations.

Secondly, the basic sign of the establishment of a contract is the agreement of the parties to the contract on the main terms of the contract.

Finally, the establishment of a contract should have two stages: offer and acceptance. Article 13 of the Contract Law stipulates: "The parties conclude a contract through an offer and a promise."

Extended data:

Time and place of establishment of electronic contract:

The establishment time of an electronic contract refers to the time when an electronic contract becomes legally binding on the parties. Generally speaking, the establishment time of an electronic contract is the effective time of the electronic contract, and the establishment time of the contract is the time when it has legal effect on both parties. It is generally believed that the time when the data message is received by the addressee is the time when it comes into effect.

The provisions in Article 15 of the United Nations Model Law on Electronic Commerce are basically the same as those in Article 16 of China's Contract Law. If the addressee specifies an information system for receiving data messages, the time when the data system enters the specific system shall be deemed as the time of receipt. If the recipient does not specify a specific information system. The time when a data message enters any information system of the addressee is the time of receipt.

For what is "access", data messages enter the information system. Its time should be the time that can be put into processing in the information system, regardless of whether the receiver checks or reads the transmitted information content. It is of great significance to determine the sending and receiving time of electronic contracts for judging the establishment and effectiveness of transactions.

China's "Contract Law" only provides for this in principle. According to the contract law, the basic principles of civil legal relationship and the actual situation of electronic contracts, the default rule of sending and receiving time of electronic communication is that in the absence of contrary agreement between the two parties. When an electronic message enters an information system beyond the control of the sender, the message is deemed to have been sent.

If information has continuously entered multiple information systems, the information will be sent to the server of its network service provider first. When it is sent to the computer system of the receiver, the time when the information is sent is the time when it first enters the server of the network service provider. When judging the information receiving time.

If the receiver of electronic information specifies the information receiving system, the time when the electronic information enters the system is the time when the information is received. The place where an electronic contract is established refers to the place where an electronic contract is established. Determining the place where an electronic contract is established involves the court's jurisdiction and applicable law after a contract dispute occurs.

Article 34 of China's Contract Law stipulates that the place where the acceptance takes effect is the place where the contract is established, and the principal place of business of the recipient who concludes the contract in the form of electronic expression of will is the place where the contract is established, and there is no principal place of business. Its habitual residence is the place where the contract is established, unless otherwise agreed by the parties. China's legislation adopts "meaning doctrine" to electronic expression of will.

Therefore, the stipulation that the place of receipt is the place where the contract is established takes into account the principle and particularity of party autonomy. The reason why Article 34 of China's Contract Law stipulates this is mainly because the information system in which the recipient receives or retrieves data messages in electronic transactions is often not in the same jurisdiction as the recipient.

The above provisions ensure that the addressee has reasonable contact with the place regarded as the destination. It can be said that this provision of China's contract law fully considers the particularity of e-commerce different from general transactions.

Baidu Encyclopedia-Electronic Contract