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The Applicable Law of Parties’ Contractual Capacity in the Transnational E-tradeoff Contract

Author: ZhangJing
Tutor: XiaoPeng
School: Ocean University of China
Course: International Law
Keywords: Transnational E-tradeoff Contracts Contractual capacity Applicable Law
CLC: D997
Type: Master's thesis
Year: 2008
Downloads: 26
Quote: 0
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Abstract


With the rapid development of economy, people rise of a kind of new transnational of ’E-tradeoff ’ hot towards Internet, a kind of a convenient cross-platform. The transnational E-tradeoff means trading off various non-monetary goods and its relating technology, service support activities through Internet. The transnational E-tradeoff contract meas agreements which are conclused by the parties to create rights and obligations in a data message form the transnational E-tradeoff. The appearance of the transnational E-tradeoff contract brings great challenge to the contractual capacity system. Compared with other international contract, the transnational E-tradeoff contract has special characteristics. Because of this, it’s nessary to analysis the parties’ contractual capacity and deal with the questions above raised.This thesis talks about the applicable law of parties’ contractual capacity in the transnational E-tradeoff contract. As a new contract style, the transnational E-tradeoff contract is defined from its conception, kind, basic characteristics and significance. Meanwhile the thesis analyzes the challenges to the system of the application of laws in parties’ contractual capacity so that it comes up with a variety of proposals for these challenges.There are domestic and foreign scholars analyzing the applicable law of parties’ contractual capacity in the transnational E-tradeoff contract. However, most of them just talk the international electronic contract. At first the thesis talks if lex cause of contract can deal with this problem, analyzes lex cause of contract to adjust the applicable law of parties’ contractual capacity in Internet, with its background, reasonable, international development trends, finds it’s not properly adjust the applicable law of parties’ contractual capacity in the transnational E-tradeoff contract as a result of ’freedom of contract’ principle, as well as accidental causes and characteristics of arbitrariness. And then makes a detailed discussion on relevant theory, such as lex patriae, lex domicillii or the law of the place which has the closest connection. Also there are some unsuitabilities towards the applicable law of parties’ contractual capacity in the transnational E-tradeoff contract.As we know, although Internet meets the great development of economic globalization trend, yet it has become increasingly urgent that we need global coordination and international treaties about the applicable law of parties’ contractual capacity in the transnational E-tradeoff contract. With Model Law on Electronic Commerce’ formulation, Networks are also increasingly subject to legislative attention to the community in China. For the applicable law of parties’ contractual capacity in the transnational E-tradeoff contract, we should establish and improve the relevant laws, regulations, rules and other entities. What’s more, national, regional and legislative organizations should learn from each other. Also we should pay attention to the minors of contractual capacity. And it can be used on the new physical meaning of the link point to solve the problems above raised.

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CLC: > Political, legal > Legal > International law > Private international law
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