A Stduy of Formatted Contracts in Digital Environment
HU Sheng-dan · Journal of Xiangnan University · 2007
After entering the 20th century,absolute proprietorship,contract freedom,fault responsibility which constitute the backbone system of the traditional civil law have been in face of serious challenges,among which contract freedom has been greatly impacted by fomatted contract.With the development of internet and the popular use of computers,mankind has walked into a digital era when fomatted contracts like unsealed contract,press-button contract,thumb contract,etc.have come into being.To solve the problems affecting the legal order that come along with the fomated contracts in the digital environment,America's judicial practice has been making attempts from the aspects of the definition of the quality of the trading of computer softwares,the legal validity of the unsealed contract,the two classifications of the unsealed contract,etc,which is of enlightening significance to the judicial practice with respect to the same areas.