电子合同订立法律问题研究

On Legal Question of Electronic Contract formation

电子合同的成立时间应采用到达主义,于承诺到达收件人控制的信息系统时成立。电子合同的成立地点应采用现实空间的标准,以收件方的营业地、惯常居住地等与电子合同具有最密切联系的地点为其成立地点。电子合同的要约与承诺的撤回以及要约的撤销仍可适用传统的合同制度。

This paper studies the time and location for formation of electronic contract, thinks the formation time of the electronic contract should adopt the doctrine of arriving, and the contract establishes while the data message of acceptance enters the space within the control of receiver in cyber space. The establishment location of the contract should adopt the standard of the physical space and take the place of business, habitual residence of receiver which has the closest relationship to the electronic contract in physical space. The author also introduces the recalling and cancelling of offer and acceptance of the electronic contract, thinks this should still be applicable to the traditional contract system.