Forma pisemna i elektroniczna czynności prawnych w prawie chińskim

Abstract

The article presents and analyzes the problem of forms of legal acts, especially contracts, in Chinese law. Chinese law provides for freedom as to the form of a declaration of intent. This freedom is not absolute, however, for the legislator has allowed for certain exceptions. The law provides for written form of contracts and electronic form of contracts. The article presents the scope of written form, the legal definitions of the terms “writing”, “signature” and “seal” and finally, how to fulfill requirements of written form of contracts. It also introduces a short history of passage of the legislation governing electronic form of legal acts, especially electronic signatures and electronic records. The Author presents the possibility to satisfy the statutory requirements of a written form of contract by affixing an electronic document with various types of electronic signatures. The article also presents the rules of functioning of Public Key Infrastructure and certification service providers and their legal responsibility.