The concept of electronic contract (e-contract) is specified in Article 33 of the Law on electronic transactions, 2005, as follows:

“ Electronic contract is a contract is set up as message data according to the provisions of this Law.”

Accordingly, clause 12, article 4 of the Law on electronic transaction Law 2005 regulation: “The message data is information created, sent, received and stored by electronic means.”

From the above provisions can understand electronic contract is a contract is set up as message data according to which information is created, sent, received and stored by electronic means. If such contract tradition is mainly done through words, behavior, or writing papers, it means made in electronic transactions are the means of operation is based on electrical technology, electronics, digital, magnetic, wireless, optical, electromagnetic or similar technology.

Electronic contract also has the characteristics such as contract tradition, specific as follows:

– Electronic contract is an agreement between the parties regarding the establishment, change or termination of civil rights and obligations the. This characteristic of the electronic contract is similar to the other, it is important that the contract is only formed if the parties reach an agreement in clear, specific rights and obligations with respect to each other, in which the unity of will between the parties is the most important thing.

– Electronic contract when concluding or made must comply with the general standards of the contract related to the form of the contract, the subject of the contract, the conditions of validity of the contract, the delivery process of the contract mode, liability for breach of contract and dispute resolution arising, if any.

Electronic contract has the same characteristics with the contract tradition mentioned above has a number of characteristics of its own, specific as follows:

– Subject: in addition to the subject is usually the buyer and the seller, then in the electronic contract also has an equally important is the service provider network and the agency testimonials electronic signature.

– The contents of the contract: contract electronics in addition to have the content as the subject of the contract; quality and quantity; Price, payment method; Time, location, method of implementation of the contract; the Rights and obligations of the parties; Liability for breach of contract; Method of dispute resolution.... then there is the content as legal address outside the legal address of conventional electronic contract also e-mail address, website address, address specify the place, date and time to send the fax...

– Method of contracting: Contract electronic method, the conclusion is that the parties will not take time to meet, exchange, and hand signed that made the conclusion on the electronic media and the contract will be signed with the electronic signature

– Electronic contract governed by general contract in the civil code also governed by the legal provisions peculiarities of electronic Contract as electronic transaction Law, the Law about the electronic contract, Law on electronic commerce and the Law on electronic signature (digital signature).

Principles of contract electronic

Article 35 of the Law on electronic transaction Law 2005 regulations on the principles of the electronic contract as follows:

– The parties have the right to consent to the use of electronic means in the conclusion and execution of contracts.

– The conclusion and execution of contracts electronically must comply with the provisions of the electronic transaction Law and the law of contract.

– When the conclusion and execution of contracts electronically, the parties have the right to agree on technical requirements, testimonials, conditions ensuring the integrity, security is related to the contract that electronic.

Ways to conclude a contract electronic

– Signed electronic contract is the use of message data to conduct a part or whole of the transaction in the process of contract conclusion.

– In the conclusion of the contract, unless the parties have agreed otherwise, the proposal for concluding the contract, and accept delivery, the contract can be done through the message data.

– In the conclusion and execution of contracts, electronic notifications in the form of data messages have legal value as informed by traditional methods.

Above is the share of the about us content Electronic contract what is? Current or the strong development of e-commerce leads to electronic contract are increasingly popular, so we need to understand the problem of electronic contract to be able to use in work as well as his dealings.

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