电子合同及其主体资格的认定

电子合同是在电子商务中应用的一种特殊的合同形式,在电子合同中,由于合同的存储、订立过程和签名的特殊性,对其主体资格的要求和认定不同于传统的合同。文章认为,应该根据电子合同的特殊性,合理、合法的认定合同主体的订立合同资格,以利于合理确认合同的效力,有效的规范电子合同行为,明确当事人之间的合同责任。

Electronic Contract and the Confirmation of Its Subject Qualification

Electronic contract is a special kind of contract in electronic business. The requirement and confirmation of the subject qualification are different from that of traditional contract, because electronic contract is different from traditional one ranging from storing, conclusion to signature. In the author's opinion, a reasonable and legal subject qualification should be confirmed according to the peculiarity of electronic contract so that the communal effect can be affirmed and the electronic contract behavior can be standardized as well as the responsibility of both clients A and B is made clear.