Electronic contracts are also protected by law

2022-04-27 0 By

Electronic contract can be defined as an agreement between two or more parties to establish, change and terminate the property civil rights and obligations through electronic information network in electronic form.In recent years, with the rapid development of e-commerce and digital economy, e-commerce platforms continue to expand, and there are more and more contract disputes occurring on e-commerce platforms.The civil code expands the definition of contract formation and provides legal support for disputes over new forms of transaction in the Internet environment.Case: A saw the second-hand brand leather bag released by B on a trading platform. After communicating with seller B on the platform, A paid a deposit of 500 yuan and successfully submitted the order immediately. Then B delivered the second-hand bag to the order address by Courier.However, on the way of transportation, A went back on his word and did not want to buy it, so he contacted B and said he would no longer buy the second-hand package.Unexpectedly, the bag was lost in transit and has not been found.Does PARTY A still need to pay the remaining price of the second-hand package?Does B need to return a’s deposit?Where the parties require the signing of a confirmation letter when concluding a contract by letter or electronic message, the contract is formed at the time of signing the confirmation letter.Where commodity or service information released by one party through Internet or other information networks meets the terms and conditions of the offer, the contract is formed when the other party successfully selects such commodity or service and submits an order, unless otherwise agreed by the parties.Article 512 Of the Civil Code Where the object of an electronic contract concluded through an information network such as the Internet is the goods to be delivered by express delivery, the time of receipt signed by the consignee shall be the time of delivery….The prosecutor explained: in this case, party B’s behavior of releasing second-hand packages on the trading platform constitutes an offer, and Party A’s successful submission of the order constitutes the delivery of commitment. The sales contract between Party A and Party B has been established, and both parties should perform it in accordance with the contract, and cannot terminate it at will.In the commodity sales contract concluded through e-commerce, if the place and time of delivery are not agreed between the parties, the place of completion of delivery is the door-to-door delivery by the seller, and the time of completion of delivery is the time when the buyer signs for receipt.In this case, the second-hand package was lost in transit, buyer A did not receive the second-hand package, and buyer B did not complete the actual delivery.According to Article 104 of the Civil Code, the risk of damage to or loss of the subject matter shall be borne by the seller before the delivery of the subject matter and by the buyer after the delivery, so the risk of damage to or loss of the second-hand package shall be borne by the seller B.Because party B’s obligation to deliver the second-hand package to Party A cannot be fulfilled, party A’s obligation to pay the negative price to Party B also disappears accordingly, so Party A does not need to pay the remaining price, and Party A can request Party B to return the deposit of 500 yuan.Prosecutors tip of transaction records produced in the network shopping, chat records, such as data message, can physical performance carries the content, certificate transaction process, and can obtain at any time, although the existence of the form is different from traditional contract in writing, but it belongs to civil code specified by agreement in writing form, so the electronic contract and the traditional paper contract have equal legal effect,Consumers can rely on online shopping records, orders and other electronic contracts as the basis of rights protection.(Author: The Second Branch of Beijing Municipal People’s Procuratorate) Source: Procuratorial Daily