What is the offer and acceptance and the contract, and what is the contract offer and acceptance

The contract does not come into force when the offer is delivered to the offeree, and the contract is not formed until the acceptance made by the offeree takes effect.

Civil Code of the People's Republic of China

Article 471: [Methods of Conclusion of Contracts]When parties conclude a contract, they may make an offer, acceptance, or other means.

Article 474: [Effective Time of Offer]The provisions of Article 137 of this Law shall apply to the effective time of the offer.

Article 483: [Time of Contract Formation]The contract is formed when the commitment takes effect, except as otherwise provided by law or otherwise agreed by the parties.

What is the difference between the formation of a contract and the entry into force of a contract

1. Inconsistent content judgment. The formation of a contract refers to the completion of the process of concluding the contract, that is, the subject reaches an agreement on the basic content of the contract. The validity of a contract refers to the effect of a legally established contract in order to make it binding by law.

Whether a contract is established or not is a matter of fact judgment, and the focus is on judging whether the contract exists, and whether the contract is valid or otherwise is a matter of legal value judgment, and the focus is on judging whether the contract conforms to the spirit and provisions of the law and whether it can be legally effective. The result of judging whether a contract is established can only be the fact of whether it is established or not, while the result of judging whether a contract is valid can be effective, invalid, effect to be determined, changeable, revocable, etc.

2. The rules applicable to establishment and entry into force are different. The principle of autonomy of will applies to the formation of a contract, and the parties have the freedom of will to engage in contractual acts, and can freely choose the counterparty of the contract, the form of the contract and the content of the contract, and create a relationship of rights and obligations according to their free will. As long as the basic fact of expression of intent is present, the contract is formed.

In order for a contract to take effect, it is necessary to judge whether the contract complies with the law with the intervention of the state, and only a legal contract can be valid.

The promise of arrival does not necessarily mean that the contract is valid, but can only be said to be the conclusion of the contract.

Here it is necessary to distinguish the difference between "establishment" and "effectiveness": "establishment" is the expression of the intention of both parties to agree to the terms of the contract; "Effective" refers to the effective determination made by the law after evaluating the contract.

Therefore, the arrival of the acceptance indicates that the offeree agrees or substantially agrees to the offer and expresses its intention to enter into a contract with the offeror.

It should also be noted that most of the other types of contracts meet the above requirements.

Legal Analysis: "1. An offer is an expression of intent to conclude a contract with others. To put it simply, the offeror draws up a contract and wants someone else to sign it and issues a contract

2. Acceptance is an expression of the offeree's intention to agree to the offer. Simply put, the offeree agrees to sign the contract: 3. Offer and acceptance.

Legal basis: Article 14 of the Contract Law of the People's Republic of China (repealed as of January 1, 2021) An offer is an expression of intent to conclude a contract with others, and the expression of intent shall comply with the following provisions:

1) The content is specifically determined;

2) Indicate that the offeror is bound by the expression of intent if it undertakes to accept it.

Article 21 of the Contract Law of the People's Republic of China (repealed as of January 1, 2021) An acceptance is an expression of the offeree's intention to agree to the offer.

Civil Code of the People's Republic of China

Article 472:An offer is an expression of intent to conclude a contract with another person, and the expression of intent shall meet the following conditions:

1) The content is specifically determined;

2) Indicates that the offeror is bound by the expression of intent to accept the offeror's acceptance.

The basis for determining the formation of a contract on the basis of the offer and acceptance is that, under normal circumstances, the contract is formed when the acceptance takes effect.

According to Article 483 of the Civil Code, a contract is formed when the contract is valid, unless otherwise provided by law or otherwise agreed by the parties.

Article 484 stipulates that the provisions of Article 137 of this Law shall apply to the time when a commitment made by way of notification takes effect.

If the promise does not need to be notified, the act of making a promise in accordance with the trading habits or the requirements of the offer will have an auspicious effect.

Article 492 stipulates that the place where the undertaking takes effect is the place where the contract is formed.

If a contract is concluded in the form of a data message, the addressee's principal place of business is the place where the contract is concluded; If there is no principal place of business, its domicile shall be the place where the contract is concluded. Where the parties agree otherwise, follow their agreement.

Article 483 of the Civil Code.

When the commitment takes effect, the contract shall be formed in kind, unless otherwise provided by law or otherwise agreed by the parties.

Article 484 of the Civil Code.

The provisions of article 137 of this Law apply to the time when commitments made by way of notice take effect.

If the acceptance does not require notification, the acceptance shall take effect when the acceptance is made in accordance with the trading customs or the requirements of the offer.

Article 492 of the Civil Code.

The place where the undertaking takes effect is the place where the contract is formed.

If a contract is concluded in the form of a data message, the addressee's principal place of business is the place where the contract is concluded;

If there is no principal place of business, its domicile shall be the place where the contract is concluded. Where the parties agree otherwise, follow their agreement.

The acceptance of an offer generally means that the contract is formed. An offer is an expression of intent to enter into a contract with another person, and an acceptance is an expression of the offeree's intention to agree to the offer. The contract is formed when the commitment takes effect, unless otherwise provided by law or otherwise agreed by the parties.

[Legal basis].Article 471 of the Civil Code of the People's Republic of China.

When a party concludes a contract, it may take the form of an offer, an acceptance or other means.

Article 479.

An acceptance is an expression of the offeree's intention to agree to the offer.

Article 481.

The acceptance shall reach the offeror within the time limit specified in the offer.

If the offer does not specify the duration of the commitment, the acceptance shall be reached in accordance with the following provisions:

1) If the offer is made in the form of dialogue, the commitment shall be made immediately;

2) If the backbone offer is made in a non-dialogue manner, the commitment shall arrive within a reasonable period of time.

Article 483.

The contract shall be formed when the undertaking takes effect, unless otherwise provided by law or otherwise agreed by the parties.

Legal analysis: The contract does not take effect immediately after the offer is accepted, and the contract is formed when the commitment takes effect. However, except as otherwise provided by law or otherwise agreed by the parties.

Legal basis: Civil Code of the People's Republic of China

Article 483:The contract is formed when the undertaking takes effect, except as otherwise provided by law or otherwise agreed by the parties.

Article 137:Expressions of intent and respect made through dialogue take effect when the counterpart knows the contents.

Expressions of intent made in a non-dialogue manner take effect when they reach the counterpart. Where an expression of intent in the form of a data message is made in a non-dialogue manner, and the counterparty designates a specific system to receive the data message, the data message shall take effect when it enters the specific system; If a specific system is not specified in the bridging state, the counterparty knows or should know that the data message enters its system. Where the parties have otherwise agreed on the effective time for an expression of intent in the form of a data message, follow that agreement.