论文部分内容阅读
电子商务合同中的电子要约是不可撤销或撤回的同时,应允许特殊情况的存在,例如要约人以电子邮件方式发出一份可撤销的要约,受要约人收到要约后,并没有马上答复做出承诺,此时要约人可以撤销要约,只要要约人撤销其意思表示的通知在对方答复之前达到对方。但若受要约人使用了自动回应系统,对符合条件的要约自动进行回复,则要约人可能无法撤销要约。对于合同而言,承诺一经生效合同即宣告成立,因而电子商务合同成立的时间和地点问题也就是电子商务合同中承诺生效的时间和地点问题。
E-commerce contracts in the electronic offer is irrevocable or withdrawn at the same time, should allow the existence of special circumstances, such as the offer by e-mail by the offer of a revocation of the offer, the offer by the offer and did not immediately reply to do Promise, at this time the offeror may withdraw the offer, as long as the offeror revokes the notice of his intention to reach each other before the other party replies. However, if an offeror uses an automated response system and automatically replies to eligible offers, the offeror may not be able to revoke the offer. As for the contract, once the promised contract has been established, the time and place of the establishment of the contract of electronic commerce is also the question of the time and place promised in the contract of electronic commerce.