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Legal Issues of Online Shopping Contract
Author: ShiZuoZuo
Tutor: MaoRuiZhao
School: Shanxi University
Course: Civil and Commercial Law
Keywords: online shopping contract Legal issues suggestion
CLC: D923.6
Type: Master's thesis
Year: 2011
Downloads: 205
Quote: 0
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Abstract
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Since the 1990s, with the rapid development of information technology and the Internet, online shopping as a new shopping way gradually recognized and accepted. Online shopping kept getting in the rapid development of Internet; meanwhile, shopping contract also subsequently emerged in multitude. Online shopping contract as a new type of electronic contract also is the traditional contract law of adjustment. However, because shopping online virtual sex, timeliness contracts have characteristics, and to give the traditional theory of contract law brings new impact and challenges, in practice exist some problems disconnect.Based on the above consideration, this paper using comparative analysis and empirical analysis method, from online shopping contract and the differences of traditional contract, this paper analyzed the online shopping contract founded in contract, fulfillment, responsibility of breach of contract and the relief expressed new forms and produce new problems, and put forward the solution of these problems legislative Suggestions.In addition to the introduction and conclusion, this paper mainly includes four chapters content.The first chapter presents concept of online shopping and online shopping contract, analyzes the types of online shopping contract, through comparing between online shopping contract and the tradition business contract, points out the features of online shopping contract.The second chapter presents the contract of online shopping contract, including the formation of the proposed contract subject, the contract is formed in the process of the meaning, the paper studies online shopping contract in the scope of subject in the contract and the subject identity authentication, and how online shopping contract offer and acceptance of problems can withdraw and cancellation. The third chapter discusses the performance of online shopping contract. Through introducing the principle of performance in online shopping contract and the way of performance in online shopping contract, points out that the problems of the principle and way of online shopping contract which existed in the performance of online shopping contract, and points out the treasures about the payment process problems and puts forward some legislative suggestions.The fourth chapter discusses the responsibility of breach of online shopping contract and the relief of online shopping contract, including default contract to produce imputation principle and disclaimer alternative discussion, and expounds on the new ways of the breach of online shopping contract, combining with China’s legislative situation, and puts forwards the new thoughts that how to perfect the relief of online shopping contract.
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CLC: > Political, legal > Legal > Chinese law > China and France > Contract Law
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