ABSTRACT
Different legal systems use various criteria to establish when a contract is formed. The United Nations Commission on International Trade Law (UNCITRAL) favoured that it should not attempt to provide a rule on the time of contract formation that might be at variance with the rules on contract formation of the law applicable to any given contract. In the EU, the EC Directive on Electronic Commerce is also silent on the effectiveness of offer and acceptance, but it obliges offerees to acknowledge the receipt of an offer 'without undue delay and by electronic means'. In China, the China Contract Law covers an agreement concerning commercial and civil transactions other than any personal relationship such as marriage, adoption and guardianship. In contrast to the China Contract Law, the China Electronic Signatures Law does not directly regulate the rules of offer and acceptance of electronic contracts.
