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Driving off a tiger, but leading a wolf: a review of the Chinese contract law art.11

Published: 15 August 2005 Publication History

Abstract

With the purpose to get rid of the writing form barriers to E-Commerce, the Chinese Contract Law art.11 specified: "'Writing form' means a form, such as a contract instrument, letter, data message (including a telegram, telex, facsimile, electronic data interchange and electronic mail), that records the contract contents contained therein and is capable of being reproduced in tangible form."... Where the reduction to a tangible form is concerned, data message is not equal to contract instrument or letter, but is a functional equivalent to either of them. Contract instrument or letter records the signatures of contracting parties, does so data message? If yes and no matter what they are, are they functional equivalents to signatures on paper under any circumstances? ... Electronic signatures are functional equivalents to paper-based signatures, so they may be deemed to be paper-based signatures. ... But the Chinese Contract Law says nothing about that...

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Published In

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ICEC '05: Proceedings of the 7th international conference on Electronic commerce
August 2005
957 pages
ISBN:1595931120
DOI:10.1145/1089551
  • Conference Chairs:
  • Qi Li,
  • Ting-Peng Liang
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Association for Computing Machinery

New York, NY, United States

Publication History

Published: 15 August 2005

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  1. data message
  2. electronic signatures
  3. signatures
  4. writing form

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Overall Acceptance Rate 150 of 244 submissions, 61%

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