浅析电子合同主体的缔约能力

On electronic contract main body's contracting ability

非完全民事行为能力人参与缔结的电子合同的效力原则上仍应按现有法律规定认定,但在非完全民事行为能力人采用欺骗手段使相对人相信其有行为能力而与之订立合同以及非完全民事行为能力人订立的电子合同为已经中立的或者公共的机构核准的格式合同的情况下例外。

The effectiveness of electronic contract with limited and no capacity for civil conduct persons＇ participating in the conclusion should principally follow the existing legal provisions, but there have two kinds of exception, one is that the persons with limited and no capacity for civil conduct use deceptive means to make the relative person believe that they have behavior capacity and to conclude the contract, the other is that the electronic contract concluded by the persons with limited and no capacity for civil conduct is a standard contract which has been recognized by neutral or public institutions.