2009Year5month25日Afternoon, Shandong University Haiyou Doctoral Forum137Issue and bet365 live online casino School Civil and Commercial bet365 live online casino Salon12Issue in113Classroom held。The title of this forum is "General Research on bet365 live online casino Contracts in Software Transactions",by bet365 app2008Lecturer Yu Haifang, a doctoral candidate in civil and commercial bet365 live online casino,Associate Professor Qin Wei, bet365 live online casino School、Dr. Wang Qingling from Shandong Provincial Procuratorate participated in the forum as a reviewer。
In the keynote speech session,Yu HaiphongThe doctor mainly studied and elaborated on the "software transaction unpacking bet365 live online casino" from three aspects。First,Definition of unpacking bet365 live online casino,Usage process according to the unpacking bet365 live online casino,Defining the unsealing bet365 live online casino as being drawn up in advance by one party,The other party can only express its intention based on the terms or prompts on the packaging,Form bet365 live online casino in which the content of the bet365 live online casino can only be known after payment and acceptance of the subject matter。Second,Discussed the issue of determining the legality of the unsealed bet365 live online casino: first,The use of shrink-wrap contracts is consistent with reasonable business practices,Conducive to reducing sales costs,And ultimately protect the interests of consumers;Secondly,The use of shrink-wrapped contracts does not violate traditional bet365 live online casino law Bet365 app downloadtheory,There is also a consensus of intention between the two parties in the unsealed bet365 live online casino;Also,Unwrapping bet365 live online casino is a method of debt protection for intellectual products,The bet365 live online casino is established through the agreement、Limitations on effective conditions,Regulating the specific content of the unpacking bet365 live online casino as well as the validity rules of specific clauses can completely maintain the balance of interests desired by intellectual property law。Third,Conducted research on the establishment of the unsealed bet365 live online casino,Considering that the seller’s behavior of displaying software prices for the purpose of selling constitutes an offer to an unspecified person。It’s just that this kind of offer is in addition to meeting the general requirements,The counterparty must also be provided with the right to request refund,Otherwise, it will be deemed that the offer lacks valid requirements and cannot be effective。Buyer pays、After leaving with the goods,Before making a commitment,You can exercise the right to request refund at will within a certain period;Recognition of commitments in unpacking contracts,There is a very big controversy in theory,Yu HaiphongThe doctor thinks: payment bet365 live casino and sports bettingbehavior、The act of bet365 live online casino is not a promise。The promisee clicks "Agree"、The act of continuing the installation constitutes a promise made in the form of fulfillment,This kind of commitment should be defined as an implicit commitment made by conduct,Constitute meaning realization。
In the interactive stage of the forum,Students based on Yu Haifang’s narration,Ask targeted questions,About the nature of “right to request return”、Intense discussions were held on the establishment of the unpacking bet365 live online casino and other issues。mostDeputy Hou Qin WeiProfessor,Wang QinglingThe doctor gave in-depth and detailed comments on this forum.