If the online loan is cheated and an electronic contract is signed, relevant evidence can be collected to prove that it is indeed cheated. If it is cheated, it has no legal effect. The written effect of electronic contract is not simply a matter of transplanting traditional contract norms into online transactions, but how to rebuild norms with similar legal value in the network. The reason is:
1. Anything that meets the function of written form can be regarded as written form, whether it is "paper" or "electronic data";
2. Acknowledge the legal effect of electronic contracts. The most basic function of traditional paper written form is to keep information for future reference for a long time.
3. Determining the traditional written form of the original data message means that the information is attached to the paper medium for the first time and has not changed since then.
What is the evidential effect of electronic contract?
The people's court shall distinguish the authenticity of audio-visual materials and examine whether it can be used as a basis for ascertaining facts in combination with other evidence in this case. It can be seen that audio-visual materials cannot independently and directly prove the facts to be proved, and belong to the category of indirect evidence. Electronic contract is an agreement between e-mail and electronic data exchange, which clarifies the rights and obligations of both parties. Because electronic evidence is easy to be forged and tampered with, and it is easy to make mistakes due to human factors and technical conditions, it should also be classified as indirect evidence. Therefore, electronic contracts are endowed with evidential effect.
(1) indicates the source of the document;
(2) indicating that the signatory has confirmed the contents contained in the document;
(3) Evidence that the signatory is responsible for the correctness or completeness of the document.
It can also confirm the facts in the process of file transmission like the signature of a written document. Electronic information is generally stored in a computer, and there are generally two ways to present it to the court.
Displayed on the computer monitor (1);
2 print it out. China's practice is to submit the original, and the copy cannot be used as evidence alone. Computer printed copies of electronic data cannot be regarded as originals, but belong to copies or transcripts.
(1) An electronic contract has the legal effect in written form. We don't have a legal definition of "document", but the traditional view is that it is written and can provide some information. However, with the development of electronic contracts, many countries have realized the necessity of using laws to determine their effectiveness. The United Nations Commission on International Trade Law adopted the Model Law on Electronic Commerce, which pointed out that digital information can be used as a written document because it has the possibility of being quoted later, and its legal effect, validity and enforceability cannot be denied just because it is digital. Electronic evidence and electronic contract The traditional written contract documents that determine the rights and obligations of both parties to a transaction are replaced by electronic documents stored in computer equipment, and these electronic documents become electronic evidence. Therefore, electronic evidence is also called computer evidence. Article 9 of the Model Law on Electronic Commerce stipulates that no party may deny the admissibility of a data message as evidence on the grounds that its form is not the original.
Legal basis: Article 69 of the Civil Code stipulates that the people's court shall distinguish the authenticity of audio-visual materials and examine whether it can be used as the basis for ascertaining the facts in combination with other evidence in this case.
In real life, online loans are legal, but they must be carried out through legal channels. If the electronic contract is signed under fraudulent circumstances, it is illegal and the signed electronic contract is invalid, so there is no need to worry too much about the deceived.