Briefly explain the difference between electronic contracts and traditional contracts

The difference between electronic contracts and traditional contracts are as follows:

1, the contract formation of different environments

Traditional contract formation occurs in the real world, the two sides of the transaction can be face-to-face consultations; and the formation of the electronic contract occurs in virtual space, the two sides of the transaction do not meet each other, and even can not be sure that the transaction Relative, its identity only rely on the identification of the password or certification body authentication.

2, the various aspects of the contract has changed

In the network environment, the offer and commitment to send and receive the time of the traditional contract is more complex, the establishment of the contract and the entry into force of the composition of the conditions are also different.

3, the form of the contract has changed

Electronic contracts contain information is a data message, there is no difference between the original and a copy of the original, can not be used in the traditional way of signature and seal.

4, the rights and obligations of the parties to the contract are also different

In the electronic contract, there are both the entity rights and obligations determined by the content of the contract, and the existence of a special contract form of rights and obligations arising from the form of the form of the rights and obligations, such as digital signature legal relationship. In the entity rights and obligations legal relationship, certain rights and obligations in the traditional contract is not very important in the electronic contract appears very important, such as information disclosure obligations, protection of privacy obligations.

5, the performance of electronic contracts and payment of more complex than traditional contracts

The impact on the performance of the contract is mainly the adoption of electronic payment methods caused by a number of changes in the transaction of information products, contracting, delivery and payment may be completed on the Internet will have a significant impact on the performance of the contract. Performance involves the following issues:

a. Remedies in performance

b. Exercise of the right to electronic self-help in information product transactions

c. Definition of risk liability

d. Legal issues in electronic payments, etc.

While there is an essential difference between the two in form, the effectiveness of the two is the same, and both have a certain restrictive normative effect on people.