Fake. Don't be cheated.
Second, is the qq loan contract valid for others?
The loan contract signed on QQ is valid. Signing a contract on QQ belongs to the way of data message. The loan relationship between natural persons is established when the funds are actually delivered. If the other party pays the funds, the agreement will take effect. If it is signed with a financial institution, it should be checked whether the electronic signature and other procedures have been completed. According to Article 469 of the Civil Code, the parties may conclude a contract in written form, orally or in other forms. Written form refers to contracts, letters, telegrams, telexes, faxes and other forms that can tangibly express the contents contained. A data message that can tangibly express its content through electronic data interchange, e-mail, etc. , and can be retrieved at any time, are considered in writing.
Third, is the electronic contract really effective?
Electronic contracts are legally binding. You can look at a case:
At present, many financial institutions sign contracts electronically, and customers apply for quotas, confirm contracts and withdraw money by themselves through transaction passwords and SMS verification codes. From the perspective of traditional law, the most striking feature of electronic data is that there is no signature of the parties in form, and all printed documents are ordinary documents. To judge whether the parties have signed or not, it needs to be proved by other means.
Let's take the electronic contract loan lawsuit as an example to see how to treat electronic contracts.
(1) There is no signature on the contract.
Appellant Chen Mou claimed that Ali Credit Loan Contract was not signed by him, and the contract was not recognized.
The second trial held that the Ali Credit Loan Contract involved was signed by Chen Mou and Ali Small Loan Company in the form of network data message, and the Alipay account under Chen Mou's name had been successfully registered through real-name authentication procedures such as uploading my ID photo and binding bank card verification. The bound mobile phone number is the one currently used in Chen Mou. Therefore, the contract involving Alipay account name, login password and payment password after verification should be regarded as signed by Chen Mou himself and Ali Small Loan Company. Electronic contracts are legal in form and content. "
(2) Deny the content of electronic contract.
In the civil judgment of Suzhou Industrial Park People (20 16) Su 059 1 No.3062 in the early Republic of China, one of the focuses of the case is how to determine the amount of principal and interest owed by the plaintiff (how to determine the loan interest rate). Suzhou Ping An, the plaintiff, claimed that the annual interest rate of the loan was 15. 12%, which was handled by the borrower through mobile banking, and the defendant confirmed the loan interest rate when borrowing. The defendant believes that the annual interest rate claimed by the plaintiff is 15. 12% and there is no evidence to prove it.
It is believed that: "The evidence submitted by the plaintiff Suzhou Ping An at present is really insufficient to prove that the plaintiff Suzhou Ping An and the defendant Qian Mou reached an agreement on the loan interest rate 15. 12% when the loan occurred. However, the screenshot of the operation process of other borrowers applying for loans through mobile banking submitted by the plaintiff can also prove that a complete loan application can only be established after the loan applicant confirms the loan interest rate and loan term displayed in the loan system, which is in line with the general practice of the bank loan contract signing process. Therefore, in the case that the defendant Qian has actually obtained the loan, is it reasonable to assume that the defendant Qian has determined the loan interest rate when applying for the loan? Therefore, the court confirmed the interest rate standard and loan term advocated by the plaintiff. "
(3) The electronic signature is not authenticated.
In the second-instance civil judgment of Guangdong Intermediate People's Court (20 16) No.9476, the borrower, lender and guarantor signed the loan contract and guarantee contract online. Contract agreement: "This contract is concluded by the parties through the co-production online website. After normal operation, an electronic contract will be automatically generated, which will be legally binding on all parties after it is agreed and recognized by all parties.
It is believed that: "Although the entrusted guarantee agreement, letter of guarantee and loan contract involved in this case are contracts generated in the form of data messages, there is no offline signature of the parties, and Zhonglande Company has not provided Yang's electronic signature authentication certificate. All the above contracts were signed through the online network platform of Co-production Online Company, and the contracts generated by online clicking have legal effect. Co-production online company also issued relevant certificates and actually paid the loan to Yang. What about the loan contract above? Legal and effective. "
(4) Non-personal operation
In the second-instance civil judgment of Zhejiang Higher People's Court (2008) Zhemin ErzhongziNo. 154, Yang signed an electronic futures trading agreement with Xinhua Company, stipulating that Xinhua Company would provide electronic futures trading functions to Yang by means of computer self-entrustment, Internet self-entrustment and telephone entrustment inquiry system provided by Xinhua Company. In the course of litigation, Yang believed that "I have never used the self-service trading system" and that "the self-service trading system of my account was opened without authorization, and the appellee should bear all tort liabilities".
The second trial held: "According to the agreement of both parties, Yang must change the initial transaction password, and keep the transaction password properly and change it in time. If the transaction password is leaked, all losses caused by Yang shall be borne by himself. On October 20, 2003165438+/kloc-0, Yang applied for opening a self-service consignment trading system for Xinhua Company, prompting Yang to modify the trading password on the futures consignment trading system of Xinhua Company? Therefore, Yang's revised password has the characteristics of privacy, uniqueness and confidentiality, and has the function of identifying the identity of the trader, that is, digital signature (electronic signature) ... It is precisely because of the above characteristics and functions of the private password that the legal consequences of using the private password are determined: the principle of personal behavior, that is, as long as the private password is used objectively in the transaction, if there is no exemption, it is deemed that the trader himself has used the private password to engage in the transaction. I should bear the corresponding responsibility for this transaction ... It is precisely because the futures trading order in this case was issued online through Yang's modification of the password. The original trial found that the data message futures trading order in this case was issued by Yang according to the principle of using a private password according to his own behavior, and sentenced him to bear the corresponding trading consequences. There is nothing improper ... The reasons for appeal such as improper evidence in the original trial cannot be established. "
In fact, with the development of information technology, the application of electronic contracts is becoming more and more standardized and the technology is becoming more and more powerful. In particular, the birth of the third-party electronic contract service platform has improved the signing process of electronic contracts and the storage of electronic data, and ensured the comprehensive and clear authentication conclusion, including the authenticity of the parties' signatures, the recognition of contract terms, and the fact that electronic data has not been tampered with after its formation.
For example, the platform for signing electronic contracts with confidence adopts real-name identity authentication, including two elements of the Ministry of Public Security, three elements of mobile phone number, three elements or four elements of bank card, face recognition, two elements of enterprise and three elements of legal person/agent. And through the combination of SMS and email address, the true identity and true will of both parties are fully guaranteed.
Moreover, the security sign adopts time stamp curing technology, and once the modification trace is detected, the contract signing is considered invalid, which ensures the time accuracy and uniqueness in the time stamp certificate. There are also authoritative CA institutions that issue CA certificates to ensure the security and credibility of transmitted data (identity information, electronic signature/seal information, public key information, etc.). ).
When a user owns an electronic contract, he can safely sign the digital fingerprint information in the system of the Ministry of Public Security, generate a credible electronic contract signing evidence chain in one second, and issue a written proof report, including the basic information of the user, an overview of the assured verification process, data analysis instructions, etc. , so as to protect the legitimate rights and interests of the parties to the contract in a timely and effective manner.
4. Is the loan contract signed on 4.QQ valid?
Signing a contract on QQ belongs to the way of data message.
The contract signed by QQ is valid as long as it conforms to the relevant provisions of the Contract Law on offer and acceptance, and does not belong to the contract type in which a written contract is required by laws and administrative regulations.
legal ground
Article 44 of the Contract Law: A contract established according to law shall take effect upon its establishment.
Where laws and administrative regulations stipulate that examination and approval, registration and other procedures shall be handled, such provisions shall prevail.