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随着电脑和网络的迅猛发展和普及化,以电脑和网络为手段缔结契约的现象也越来越普遍。这类交易手段(Elec-tronic Data Interchange,EDI)将契约缔结方的意思表示与电脑信息相结合。虽然仍然归属合同法调整,但在某种程度上来说,其已经完全脱离了传统契约法的范畴,与传统合同有着很大的区别,或者说电子合同对传统契约理论提出了一定的挑战,本文将就此试作分析。
With the rapid development and popularization of computers and networks, the phenomenon of concluding contracts by means of computers and the Internet has become more and more common. Elec-tronic Data Interchange (EDI) combines the meaning of contracting parties with computerized information. Although still subject to the adjustment of the contract law, to a certain extent, it has completely departed from the scope of the traditional contract law and has great differences with the traditional contract, or that the electronic contract poses certain challenges to the traditional contract theory. This will be a trial analysis.