合同法原理在网络环境下的应用——电子合同若干法律问题研究.pdf下载分享
- 电子书
- 2天前
- 3热度
- 0评论
资料简介
本论文由上海交通大学法学硕士阮芳撰写，深入探讨了合同法在网络环境下的应用，特别是电子合同相关的法律问题。随着计算机网络技术的迅速发展，电子合同已成为电子商务中不可或缺的一部分。然而，现行法律在适应这些新型问题方面显得不足。论文通过分析电子合同生命周期中的三个阶段：起草、形成和执行，以及法律选择和法院管辖权的选择，揭示了电子合同与传统合同之间的差异，并提出了相应的法律应对策略。适合对电子合同法律问题感兴趣的法律专业人士和电子商务从业者阅读。
文件名称：合同法原理在网络环境下的应用——电子合同若干法律问题研究.pdf
文件类型：PDF文档
文件标签：电子合同、网络法律、合同法
内容预览
上海交通大学
硕士学位论文
合同法原理在网络环境下的应用——电子合同若干法律问题研
究
姓名：阮芳
申请学位级别：硕士
专业：宪法学与行政法学
指导教师：陈乃蔚
20030625
Application of the Contract law to the Cyber
_____A study on Legal Issues of Electronic Contract
ABSTRACT
Due to a rapid development of computer network technology, a
contract could be concluded electronically, without a written deed, It is
explicit that positive law lags behind the development of electronic
commerce. Further, It is inadequate for the current law adapts to the novel
issues of the electronic commerce. Though, Some legal issues can not be
directly regulated by the contract law. Others related to electronic
contract can be resolved by an appropriate application of it. As we all
know, the electronic contracts are deemed to mean contracts which
concluded via the computer network. The conclusion of contracts is
effected by virtue of an exchange of electronic data. Legal issues have not
changed as fundamentally as we may think at first glance( even though
numerous new issues have emerged, indeed ) .what we need to do is to
distinguish when it is actually a problem. Through an examination of the
staus quo of the civil law, the author hold the viewpoint that there are
some transformations during the conclusion of such contracts because of
the peculiarity of electronic data, electronic contract can be view through
the transformation that applied to it during its lifecycle, conceptually, the
lifecycle can be splitted into three stages of contract : drafting
phase ,contract formation phase, and contract execution phase, choice of
law and forum phase, the transformation happens during those phase .the
changes are showed as the following: the subject of the legal
relationship, the declaration of the electronic will, the performance of
electronic contract, the application of conflict of law, the choice of the
international civil jurisdiction etc, correspondingly.
As background, the author has reviewed the history of
communication medium through which electronic contract is concluded.
She listed all key issues of academic studies in a chronological sequence
and briefly introduced the mechanism of EDI and Email in practice. With
the analysis of the difference between the electronic contract and the
traditional contract. The following 3 chapters composed the study of the
difference between the electronic contract and the traditional contract.
The 1st one is central on the subject of the legal relationship, the 2nd
chapter is the core of the whole study. It started from the time and the
place of the conclusion of the contract, clarifying some legal concepts,
commenting on some viewpoints appears during the legislation
discussion, the 3rd chapter focuses on the legal issue during the
declaration of electronic will via the network. There is legal issue which
ocurrs during the contract performance phase in chapter 4. that is to
say ,the issue of electronic payment and electronic data contract. The
dissertation in chapter 5 deals with the choice of the forum and law
bringing about by network technology in international trade. This
problem unavoidably should be resolved when a proceeding is instit...