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如果电子意思表示发出后能够即时被相对人受领并能即时被回应,则为对话式意思表示;否则,便是非对话式意思表示。在判断网上商品信息是电子要约还是电子要约邀请时,可以参酌法律规定、当事人的意思以及客观外在的情形来判断。应区分收件人是否指定接收数据电文的特定系统而定数据电文的到达时间。对于电子要约的撤回和撤销问题、电子承诺的撤回问题,不存在法律适用上的障碍,关键在于客观上能不能满足撤回和撤销的要件。
If the electronic meanings can be promptly received by the relatives immediately after they are sent out, they will be expressed as conversational meanings; otherwise, they will be non-conversational meanings. When judging whether the online product information is an electronic offer or an electronic offer invitation, the legal provisions, the meanings of the parties and the objective external circumstances may be taken into consideration. It should be distinguished whether the recipient specifies the system-specific data arrival time of the received data message. With regard to the withdrawal and withdrawal of electronic offers, the issue of the withdrawal of electronic promises does not exist an obstacle to the application of law. The key issue is whether the requirements of withdrawal and withdrawal can be met objectively.