When will e contracts work? Are electronic contracts valid?

Electronic contracts with reliable electronic signatures have stronger security than traditional contracting parties, platform self-generated contracts, email confirmations and other online contracting parties because they can be anti-repudiation, anti-tampering and anti-forgery through technical means, and can cooperate with extended services such as third-party storage and certificate issuance.

Paragraph 4 of Article 13 of the Electronic Signature Law can be regarded as reliable.

An electronic signature is considered a reliable electronic signature if it meets the following conditions at the same time:

When the electronic signature creation data is used for electronic signatures, it is the exclusive property of the electronic signer;

At the time of signing, the electronic signature creation data is controlled only by the electronic signer;

Any alteration to the electronic signature after signing can be detected;

Any changes to the content and form of the data message after signing can be detected.

Article 3 of the Electronic Signature Law:

In civil activities, the parties may agree to use electronic signatures or data messages in contracts or other documents, documents, and other documents.

Where the parties agree to use electronic signatures or data messages, their legal effect must not be denied solely because they are in the form of electronic signatures or data messages.

The provisions of the preceding paragraph do not apply to the following instruments:

1) Involving personal relationships such as marriage, adoption, or inheritance;

2) Involving the transfer of rights and interests in real estate such as land and housing;

3) Involving the cessation of water supply, heat supply, gas supply, power supply and other public utility services;

4) Other situations where laws and administrative regulations provide that electronic documents do not apply.

An electronic contract is an agreement between two or more parties to establish, modify or terminate a certain civil rights and obligations relationship in electronic form through the Internet. As long as all parties to the contract have been authenticated by their real names and are reliable electronic signatures recognized in accordance with the Electronic Signature Law, the electronic contract has the same legal effect as the handwritten signature of a paper contract.

According to Articles 5 to 8 of the Electronic Signature Law, only electronic contracts that lock the true identity of the contracting entity, effectively prevent document tampering, and accurately record the time of signing are recognized by law.

Legal analysis: An electronic contract is a contract concluded in the form of a data message, which has the legal effect of a general written contract, and can be deemed valid as long as it meets the requirements for the contract to take effect as stipulated by law, that is: (1) the parties to the contract have the corresponding civil capacity; (2) the intention of both parties is true; (3) Do not violate the mandatory provisions of laws and administrative regulations; (4) Do not violate public order and good customs.

Legal basis: Civil Code of the People's Republic of China

Article 137? An expression of intent made in the form of a dialogue takes effect when the counterpart becomes aware of its contents.

Expressions of intent made in a non-dialogue manner take effect when they reach the counterpart. Where an expression of intent in the form of a data message is made in a non-dialogue manner, and the counterparty designates a specific system to receive the data message, the data message shall take effect when it enters the specific system; Where a specific system is not specified, the counterparty knows or should know that the data message enters its system. Where the parties have otherwise agreed on the effective time for an expression of intent in the form of a data message, follow that agreement.

Article 143? Civil juristic acts that meet the following conditions are valid:

1) The perpetrator has the corresponding capacity for civil conduct;

b) The meaning is true;

3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs.

Effective. Electronic contracts: have the same legal effect as paper contracts.

An electronic contract is an agreement between two or more parties to establish, modify or terminate a relationship of property civil rights and obligations in electronic form through an electronic information network. To put it simply, an electronic contract is a form of contract expression that can be directly signed and sealed in the form of electronic files realized by technical means.

The "Specification for the Process of Entering into an Electronic Contract Online" stipulates that a legal and effective electronic contract refers to the data message formed by the parties through the third-party electronic contract conclusion system on the Internet, and a reliable electronic signature technology is adopted.

China's "Electronic Signature Law" clearly stipulates that "reliable electronic signatures have the same legal effect as handwritten signatures or seals", and electronic signatures need to be certified by a third party in order to be recognized by legitimate electronic certification service providers.

Summary. Hello, valid. According to the provisions of China's Civil Code, electronic contracts are established in accordance with the law, and after reliable digital signatures, they are legally effective, and the parties must perform the contract as agreed.

Article 502 of the Civil Code of the People's Republic of China [Effective Time of Contract] A contract established in accordance with law shall take effect at the time of its establishment, unless otherwise provided by law or otherwise agreed by the parties.

Hello, valid. According to the provisions of China's Civil Code, electronic contracts are established in accordance with the law, and after reliable digital signatures, they are legally effective, and the parties must perform the contract as agreed. Article 502 of the Civil Code of the People's Republic of China [Effective Time of Contract] A contract established in accordance with law shall take effect at the time of its establishment, unless otherwise provided by law or otherwise agreed by the parties.

Hope it helps!

Hello, I am applying for a university teacher, after applying for the job, now let me sign an electronic contract, and then sign a personnel contract after joining in September, this electronic contract, in what form is the most secure to sign?

Hello, please reply immediately after seeing the message, I'm more anxious Thank you.

Electronic contract is a form of expression from offline paper contract to online contract, which is displayed on the network in the form of data, and the integrity and objectivity of electronic contract data cannot be guaranteed, because after the contract is signed, it may encounter uncertain factors such as human tampering, data leakage, and hacker attacks. It is recommended to go to a third-party electronic contract platform to ensure the legal validity of the signed contract through technology.

Can electronic contracts in colleges and universities be forged?

Electronic materials are easy to tamper with, and if you feel that you are not in control, you can negotiate a contract to be completed by mail.

Legal Analysis: Effective. A civil juristic act that meets the following conditions is valid: (1) the actor has the corresponding capacity for civil conduct; b) The meaning is true;3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs.

Legal basis: Article 143 of the Civil Code of the People's Republic of China?

A civil juristic act that meets the following conditions is valid: (1) the actor has the corresponding capacity for civil conduct; b) The meaning is true;3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs.

The electronic version of the contract is valid if the subject of the contract is a person with full capacity for civil conduct, is the true expression of the intention of the parties, and the content of the contract is legal and abides by public order and good customs. If the contract does not meet the above conditions, it is invalid.

[Legal basis].

Article 143 of the Civil Code.

Civil juristic acts that meet the following conditions are valid:

1) The perpetrator has the corresponding capacity for civil conduct;

b) The meaning is true;

3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs.

Article 469.

The parties may conclude a contract in written, oral or other forms.

The written form is a form in which the contents of the contract, letter, telegram, telex, fax, etc. can be tangibly expressed.

Data messages that can be tangibly represented in electronic data interchange, e-mail, etc., and that can be accessed at any time shall be deemed to be in writing.

Article 502.

A contract established in accordance with law shall take effect upon its establishment, unless otherwise provided by law or otherwise agreed by the parties.

In accordance with the provisions of laws and administrative regulations, if the contract shall go through formalities such as approval, follow those provisions.

The electronic contract signed online is valid if it meets the statutory conditions for taking effect, and the specific conditions for taking effect are, the party to the contract has the corresponding civil capacity, the electronic contract signed online is the true meaning, the content of the contract shall not violate the mandatory norms of laws and administrative regulations, and other conditions for the effective date of the deferred auction of the bank.

Civil juristic acts that meet the following conditions are valid:

1) The perpetrator has the corresponding capacity for civil conduct;

b) The meaning is true;

3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs.

An electronic contract is valid if it is the true expression of the intention of both parties to the contract and has the same legal effect as a written document. The electronic data of electronic signatures, provided that they are technically secured, for example, comply with the provisions of the law on written signatures and written documents, can have the same legal effect as "signed documents" and "signed originals".

In litigation, electronic data has the same admissibility as other traditional forms of evidence, and will not be accepted or denied evidence because it is in the form of electronic data.

An electronic contract using electronic data as the carrier does not deny its legal effect, validity and enforceability because it adopts the form of the carrier, and as long as the contract complies with the mandatory provisions of the law, it can enjoy the same legal effect as a traditional written contract.

Article 11 of the Contract Law of the People's Republic of China.

The form of the letter is the form in which the contents of the contract can be tangibly expressed in the form of contracts, letters and data messages (including telegrams, telex, faxes, electronic data interchange and e-mail).