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Electronic Contracts. The legal effect of the conclusion, the electronic contract is also a contract. Only with the use of "reliable electronic signatures" can electronic contracts have the same legal effect as paper contracts.
Any kind of contract can only be protected by law and be valid and enforceable only if it meets the requirements of the law.
Extended information: I. The concept of electronic contracts.
Contracts, also known as contracts. It reflects a legal act in which two or more parties express the same intentions.
Before the introduction of electronic technology, the traditional form of contract mainly had two forms: oral and written.
Even the later generation contains an electronic impulse.
In the case of telegrams, telex and faxes, the receiver can also form written evidence by means of a piece of paper on which the receiver is obtained. With the development of electronic technology, electronic contracts have emerged, although they also transmit information through electronic pulses, but they no longer use paper as the original document.
Rather, it's just a set of electronic messages.
In view of the fact that China has not yet made a clear legal definition of electronic contract, but combined with the international concept, its concept can be temporarily understood as the use of e-mail between the parties in order to achieve a certain purpose under the condition of the network.
An agreement with the Electronic Data Interchange to clarify the relationship of mutual rights and obligations.
2. How to sign an electronic contract to be valid?
Not all electronic contracts have the same legal effect as paper contracts, and the following two conditions are required for an electronic contract to be valid:
1. The parties who sign the contract have been verified by their real names.
That is to say, identity verification for individuals, current mobile phone verification, WeChat authentication, bank cards, which can only correspond to the name of this person, but also to take pictures in real time to form a chain of evidence. For enterprise certification, it is necessary to submit the relevant information and official seal of the enterprise, plus the statement of power of attorney.
2. The signature on the electronic contract is in accordance with the Electronic Signature Law.
Recognized and reliable electronic signatures.
3. The Electronic Signature Law stipulates that reliable electronic signatures are: "If an electronic signature meets the following conditions at the same time, it shall be regarded as a reliable electronic signature:
1) When the electronic signature creation data is used for electronic signatures, it is the exclusive property of the electronic signer;
2) At the time of signing, the electronic signature production data is controlled only by the electronic signer;
3) any changes to the electronic signature after signing can be detected;
4)that any changes to the content and form of the data message after signing can be detected. "Such as the Ministry of Industry and Information Technology.
The MMEC electronic contract technology used in the "Pilot Project on Reliable Electronic Signatures and Data Messages" is one such reliable electronic signature technology.
Civil Procedure Law of the People's Republic of China.
Article 63 provides that "evidence includes electronic data". However, in order for the so-called "electronic contract" in the form of ordinary data messages to become judicial evidence, it must comply with strict judicial provisions. For example, it is necessary for a notary public to accompany the collection of evidence, safekeeping, appraisal, etc.
The process is cumbersome and costly. However, an electronic contract with a reliable electronic signature "has the same legal effect as a handwritten signature or seal", so it has the legal effect of documentary evidence, and its evidence collection and appraisal process can also refer to documentary evidence, which is convenient and fast.
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The electronic version of the purchase contract is valid, because the state now allows the use of electronic contracts, and the electronic version of the contract and the handwritten contract are also legally valid.
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Personally, I think that although the electronic contract is valid, it is not insured, because the electronic contract uses electronic signatures and electronic seals, which are easy to forge and not very safe, so I personally recommend signing a paper contract, and using my signature and fresh seal can ensure the legal effect of the contract.
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The purchase contract is also valid if you sign the electronic version, but at the same time, another condition needs to be met, that is, there is a video recording of the whole process to prove this. The electronic version of the thing is signed by you in person, and the part of your signature needs to be entered by hand.
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Hello, the electronic version of the contract signed now is valid, and it is also in accordance with the provisions of the law, and it can produce legal efficiency.
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When buying a house, if the contract is signed in an electronic version, it is not valid, because even if the electronic version of the contract is signed, you still need to go to the site to sign a paper version of the contract.
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It is best to sign a paper version of the purchase contract. Although the electronic version is effective to a certain extent, there are still many problems to be faced in the future, and the best thing is to sign a paper version of the purchase contract, which will have a barrier and a basis.
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Hello is valid, if it is a house purchased through a formal intermediary or a real estate company, then when signing online, the electronic version of the contract is also valid.
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According to the provisions of China's Electronic Signature Law, whether the contract signed by the electronic official seal is valid or not depends on whether the electronic official seal is reliable, and a reliable electronic signature has the same legal effect as a handwritten signature or seal.
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As long as it is signed according to the convention, it is valid, because the new China has slowly moved towards the electronic age, and most or even more bills, invoices, certificates, etc. in the future will develop in the direction of electronic.
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Valid, as long as it is not illegal, the electronic version has the same legal effect. Many banks are now also electronic.
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The online signing of the house purchase contract has legal effect.
Signing the house purchase contract online means that after the two parties sign the contract, they go to the relevant real estate department for filing and publish it on the Internet. Then a network number will be given, and users can check it online through the network number. The purpose of online signing is to make real estate transactions more transparent and prevent"More than one house sells"The contract can be revoked after it has been signed.
At present, the contracts signed and filed online by the real estate registration departments in various places must be the model text of the commercial housing sales contract.
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The electronic version of the purchase contract is also valid, but it must be signed by both parties, or notarized by a notary public.
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If the electronic version of the purchase contract is signed, this should also be valid, but it is better to sign a paper version as well, because the paper version is the final legally efficient contract.
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Effective, but you have to keep the evidence, and in many cases you need to provide the original contract, how do you provide this electronic version?
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The electronic version of the purchase contract is also valid, and this is also legally effective.
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In general, the contract is electronically signed, and as long as the electronic signature is reliable, it has the same legal effect as a handwritten signature or seal.
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It is possible to purchase a house using an electronic contract. On April 23, 2019, the 10th meeting of the Standing Committee of the 13th National People's Congress made a decision to amend the Electronic Signature Law of the People's Republic of China to allow the use of electronic documents when handling the registration of the transfer of real estate such as land and houses and signing electricity supply contracts. At the same time, in March 2020, the Ministry of Housing and Urban-Rural Development issued the "Ministry of Housing and Urban-Rural Development on Improving the Filing of Housing Online Signatures".
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As long as it is the true intention of both parties, it is valid.
Paper copies are usually also available.
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The electronic version of the purchase contract is valid.
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If the electronic version of the purchase contract is signed, there must be proof from both parties, and then there is also a paper version of the confirmation.
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I should be able to ask you this question.
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The electronic version of the purchase contract is also very effective, and now it is generally changed to the electronic version.
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The purchase contract should be signed in electronic version and stamped with an electronic official seal, which should be valid.
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The electronic version of the purchase contract is of course valid, as long as there is a signature of both of you, this is legally valid.
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Effective! The use of electronic contracts to sign agreements related to the sale and purchase of houses is legally binding. In addition, as the underlying technology of electronic contracts, the law requires "reliable electronic signatures".
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If the electronic version of the purchase contract is signed, it is also valid, as long as you sign the purchase contract in the official purchase hall, and it is fair, then it is also valid and has legal benefits.
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The electronic version of the purchase contract also has certain legal effect.
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Don't feel like it's okay to sign the contract after buying the house, now it's all signed electronic version of the contract, you can print out a copy yourself, pay attention to the contract number in the upper right corner, and check whether the developer has filed your contract on the official website of the property. If you have filed an ICP filing. You can check your information on the property's official website.
In order to make real estate transactions more transparent, the online signing of the purchase contract is carried out.
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Judging from the current law in China, whether you sign an electronic contract or a paper contract, it has the same legal effect. Therefore, the electronic version of the purchase contract is also valid.
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Legal Analysis: Both. The purchase contract signed by the developer can be an electronic contract, but it can also be a other form of written contract.
An electronic contract is also a kind of written contract, which is transmitted in the form of data, and is valid as long as the contract meets the requirements for validity. However, it is advisable to sign a paper version of the purchase contract.
Legal basis: Article 469 of the Civil Code of the People's Republic of China: 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.
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Legal Analysis: Electronic contracts can be used to purchase a house.
Legal basis: Electronic Signature Law of the People's Republic of China
Article 1: This Law is formulated so as to regulate the conduct of electronic signatures, establish the legal effect of electronic signatures, and safeguard the lawful rights and interests of all parties concerned.
Article 2: "Electronic signatures" as used in this Law refers to data contained in electronic form in data messages and attached to them for identifying the identity of the signatory and indicating the signatory's approval of its contents. "Data messages" as used in this Law refers to information generated, sent, received, or stored by electronic, optical, magnetic, or similar means.
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Legal analysis: Electronic contracts have the same legal effect as paper contracts, but not electronic contracts signed through any form are legal and valid. Combined with the relevant provisions of relevant laws, a valid electronic contract shall have the following conditions:
1. The original data message can reliably keep the content complete and tamper-proof, and meet the original form and document preservation requirements stipulated by law; 2. Electronic signature, which can identify the signer and signing time, is tamper-proof, and meets the requirements of effective electronic signature stipulated by law; 3. The identity has been validly certified by a third party, and the certification required by law must be sensitive.
Legal basis: Electronic Signature Law of the People's Republic of China
Article 14: Reliable electronic signatures have the same legal effect as handwritten signatures or seals.
Article 22: Electronic certification service providers shall ensure that the content of the electronic signature certification certificate is complete and accurate within the validity period, and ensure that the relying party of the electronic signature can confirm or understand the content contained in the electronic signature certification certificate and other relevant matters.
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Legal analysis: The purchase contract is not included in the list of instruments that do not apply to electronic contracts under the law. Therefore, in the case of mutual agreement between the parties, the electronic contract for the purchase of a house is legally valid if it is signed with a reliable electronic signature.
Legal basis: "Electronic Signature Law of the People's Republic of China" Article 3: The parties may agree to use or not use electronic signatures or data messages for contracts or other documents, documents and other documents in the course of civil activities.
Where the parties agree to use electronic signatures or data messages, the legal effect of an instrument must not be denied solely because it is in the form of an electronic signature or data message.
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 cessation of water supply, heat supply, gas supply and other public utility services;
3) Other situations where electronic documents do not apply as provided for by laws and administrative regulations.
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Legal. Article 3 of the Electronic Signature Law stipulates that the parties may agree to use or not to use electronic signatures or data messages in contracts or other documents, documents and other documents in civil activities.
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 cessation of water supply, heat supply, gas supply and other public utility services;
3) Other situations where electronic documents do not apply as provided for by laws and administrative regulations.
The purchase contract does not fall into the above situation, therefore, it can be concluded using an electronic contract and has legal effect.
In addition, when signing a purchase contract, it is necessary to choose a trusted third-party electronic contract platform and meet the requirements of laws and regulations in order to have legal effect.
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. Therefore, the platform needs to do the following:
Lock the real identity of the signing entity: CA institutions issue CA certificates: use national agency authentication technology to ensure the authenticity of the identity of the electronic contract signing entity;
Effectively prevent document tampering: The international universal hash value technology is used to solidify the original electronic file data, and easily identify whether the file has been tampered with;
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