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邮递承诺规则是英美法系国家普遍采用的合同成立标准,但是否可以适用于利用现代通讯方式如电子邮件成立的合同,许多人持有不同的观点.电子邮件并非一种瞬时的通讯方式,而应视为通常邮递的电子版。因此,在电子邮件已成为当今数字化时代中流行通讯方式的情况下,应承认邮递承诺规则对电邮合同适用的合理性。
The rules of postal promises are common standards for the formation of contracts in Anglo-American legal systems, but many of them hold different views whether they can be applied to contracts established by modern means of communication such as e-mail. E-mail is not an instantaneous means of communication, It should be regarded as an electronic version of the usual mailing. Thus, where e-mail has become a prevalent means of communication in the digital age, the rationale of the postal promissory rules applicable to e-mail contracts should be recognized.