What does an electronic contract include?

With the convening of the 20 18 global blockchain summit forum, blockchain technology has been applied in more fields. "Blockchain+"has become the general trend. The "blockchain+electronic contract" model provides a secure and traceable guarantee for electronic contracts.

So what exactly is an electronic contract? What are the advantages of electronic contracts compared with traditional paper contracts? Signing a shield will help you re-understand the electronic contract.

First, the characteristics of electronic contracts

1. Electronic contract is a civil legal act.

Electronic contract is a civil legal act, which is the legal act of two or more civil subjects. The purpose of a contract is to establish, change and terminate the civil rights and obligations of property by electronic means. The contract signed between the parties is an electronic contract, which is a new contract form. According to the relevant provisions in the Model Law on Electronic Commerce, an electronic contract is an agreement aimed at property, and the model law lists a large number of relationships of a commercial nature.

2. Virtualization and generalization of trading subjects.

The whole process of electronic contract conclusion adopts electronic form, and the negotiation, signing and performance of electronic contract are all carried out by means of e-mail and edi. This contracting method greatly saves transaction costs and improves economic benefits. The transaction subject of an electronic contract can be any natural person and legal person in the global village and their related organizations. Of course, this trading method needs to provide a series of supporting measures, such as establishing a credit system, so that counterparties can know each other's credit status before trading. In today's globalized world economy, credit rights and interests will surely become an intangible property.

3. Technicalization and standardization

Electronic contracts are conducted through computer networks, which is different from the traditional way of concluding contracts. The whole transaction process of electronic contract needs to be regulated by a series of international and domestic technical standards such as electronic signature and electronic authentication. These specific standards are the basis for the existence of electronic contracts. Without relevant technologies and standards, electronic contracts cannot be realized and exist.

4. Electronic contract.

China's "Contract Law" stipulates that the conclusion of a contract needs to go through two processes: offer and acceptance, and electronic contracts also need to have these elements. The offer and acceptance of traditional contracts are different from electronic contracts. Both offer and acceptance in electronic contracts can be completed in electronic form. It mainly inputs relevant information according to the preset program, and the computer can automatically make corresponding meaning expression.

5. Electronic expression of meaning in electronic contracts.

The electronization of the expression of will refers to the act of expressing one's intention through relevant electronic means in the process of concluding a contract, and the expression of this act is realized by electronic means. In the Model Law on Electronic Commerce, the electronic expression of will is called "data message".

Second, the difference between electronic contracts and traditional contracts

1, the contract was concluded in different environments.

The conclusion of traditional contracts takes place in the real world, and both parties can negotiate face to face; However, the conclusion of electronic contracts takes place in virtual space, and the two parties to the transaction generally do not meet, and it is even impossible to determine the relative person of the transaction. Their identity depends only on the identification of passwords or the certification of certification bodies.

2. All aspects of contract conclusion have changed.

Under the network environment, the sending and receiving time of offer and acceptance is more complicated than that of traditional contracts, and the constitutive conditions for the establishment and effectiveness of contracts are also different.

The form of the contract has changed.

The information contained in an electronic contract is a data message, and there is no difference between the original and the copy, so it is impossible to sign and seal it in the traditional way.

The rights and obligations of both parties to the contract are also different.

In electronic contracts, there are not only substantive rights and obligations determined by the contract content, but also formal rights and obligations arising from special contract forms, such as digital signature legal relationship. In the legal relationship of substantive rights and obligations, some rights and obligations that are not paid much attention to in traditional contracts are very important in electronic contracts, such as information disclosure obligations and privacy protection obligations.

5. The performance and payment of electronic contracts are more complicated than traditional contracts.

The impact on the performance of the contract is mainly some changes after the adoption of electronic payment. In the transaction of information products, the signing, delivery and payment may be completed online, which will have a great impact on the performance of the contract. The problems involved in performance mainly include:

A. Performance remedial measures

B. Exercise of electronic self-help right in information product transaction

C. definition of risk liability

D. legal issues in electronic payment, etc.

Third, the electronic contract signing platform.

Although there are essential differences between electronic contracts and traditional contracts in form, their effects are the same. Moreover, compared with the traditional paper contract, the biggest advantage of electronic contract is its low cost and high speed.

The electronic contract signing platform of Shendun is a third-party electronic service provider, which can not only realize real-name authentication, online signing and contract depository, but also provide professional services such as insurance litigation, judicial authentication and online arbitration.

After registering and real-name authentication on the shield signing platform, electronic contract signing can be initiated. The chain of evidence generated during the signing process will be entrusted to authoritative judicial institutions simultaneously, and notarial certificates and expert certificates can be issued. If there is a dispute, you can choose online arbitration and entrust the court to enforce the contract to avoid the tedious process of protecting rights and collecting debts. At the same time, the electronic signing initiated can be completed by mobile phone and pc, which is simple, convenient and fast.