How is the offer of a contract understood? What is the offer of the contract

An offer is an expression of intent from one party to the other party to enter into a contract with the other party. The party making the offer is called the offeror, and the party receiving the offer is called the offeree. It is merely an expression of intent.

The offer of the contract, also known as offer, offer, offer, offer, **, is a necessary stage for the conclusion of a contract. In a general sense, an offer is a contractual act, and the person who makes the offer is called the offeror, and the person who accepts the offer is called the offeree or counterparty. Article 14 of China's Contract Law stipulates:

An offer is an expression of intent to conclude a contract with another person, and the expression of intent shall meet the following requirements: (1) the content is specifically determined; (2) Indicate that the offeror is bound by the acceptance of the offeror. This provision reveals the nature of the offer and its constituent elements.

An offer is an expression of intent to enter into a contract with another person. First of all, an offer is an expression of intent. An offer is neither a factual nor a legal act, but only an expression of intent.

Secondly, an offer is an expression of intent to enter into a contract with another person. The purpose of the offer is to conclude a contract with the counterparty; Failure to do so does not constitute an offer. Elements of an offer.

As an expression of intent, in addition to the general requirements of an expression of intent, an offer also has specific constituent elements, including the following aspects: (1) An offer is an expression of intent made by a specific person. The purpose of an offer is to conclude a contract with another person, so the offeror must be a party to the conclusion of the contract, which requires the offeror to be a specific person.

Only then can the offeree make an acceptance and thus conclude the contract. (2) The offer must have the intent to enter into a contract. This point is already stipulated in Article 14 (2) of the Contract Law, which stipulates that the offer shall indicate that once it is accepted by the offeror, the offeror will be bound by the expression of intent and establish a contractual relationship with it.

In practice, whether the offeror decides to enter into a contract with the offeree should be judged on the basis of the language, writing and other circumstances actually used in the offer. (3) The offer must be made to the offeree with whom the offeror wishes to enter into a contract. An offer can only be made to the offeree with whom the offeror wishes to enter into a contract in order to evoke the offeree's commitment and thus form the contract.

However, there are differing views as to whether the offeree must be a specific person. The book argues that, in principle, an offer should be made to a specific person (it may be one person or several persons), but the law does not prohibit an offer from being made to an unspecified person. But to make an offer to an unspecified person, two conditions must be met:

must make it clear that the proposal is an offer and not a solicitation of an offer, such as stating that "this advertisement constitutes an offer"; It must clearly assume the responsibility of making an offer to multiple people, and at the same time have the ability to perform the contract after making a promise to an unspecified counterparty. (4) The content of the offer must be specific and definite. By specific, it means that the content of the offer must be the terms necessary for the formation of the contract (the main terms of the contract).

The so-called certainty means that the content of the offer must be clear and must not be ambiguous, making it difficult for the counterparty to understand its meaning.

Indicate to the other party that you have the intention to enter into a contract.

Legal analysis: (1) the content is specific and clear; (2) Indicate that the offeror is bound by the expression of intent after accepting the offeror's acceptance. Among them, if the content of a commercial advertisement complies with the provisions of the offer, it shall be regarded as an offer.

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

Article 474 The provisions of Article 137 of this Law shall apply to the time when the offer takes effect.

Article 137:Expressions of intent made through dialogue take effect when the counterparty instructs Yu to know the contents. Expressions of intent made in a non-dialogue manner take effect when they reach the counterpart. Where 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, the counterparty knows or should know that the data message enters its silver rolling 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.

An offer to contract is an expression of the intention of one party to another person to enter into a contract with another person. The content of the expression of intent must be specifically determined, and it must be shown that it is subject to the offeror's acceptance, that is, it is bound by its expression of intent in order to be valid.

[Basis of the law of the law of the law of the sliding ruler].Article 471 of the Civil Code.

When a party enters into a contract, it may be made by way of offer, acceptance or other means.

Article 472.

An offer is an expression of intent to enter into a contract with another person, and the expression of intent should meet the following conditions:

1) The content is specifically determined;

(2) Indicate that the offeror is bound by the expression of intent after accepting the offeror's acceptance.

Article 479.

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

Article 484.

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.

Legal Analysis: An offer is an intention to conclude a contract with another person or an expression of Boneth, 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 after accepting the offeror's acceptance.

When the parties conclude a contract, they may make an offer, promise or other means.

Legal basis: Article 472 of the Civil Code of the People's Republic of China An offer is an expression of intent to conclude a contract with another person, and the expression of intent should meet the following conditions:

1) The content is specifically determined;

(2) Indicate that the offeror is bound by the expression of intent after accepting the offeror's acceptance.

A contractual offer is an expression of intent to conclude a contract with another person, and the expression of intent shall comply with the following provisions:

1) The content is specific and clear;

(2) Indicate that the offeror is bound by the expression of intent after accepting the offeror's acceptance.

Entry into force: 1. The offer must have the intention to conclude a contract;

2. The offer must be made to the offeree with whom the offeror wishes to conclude a contract;

3. The content of the offer must be specifically determined;

4. The offer must be delivered to the offeree;

5. The offer shall be made in an express manner.

1. Relevant provisions on the revocation of the offer.

Article 476 of the Civil Code [Circumstances in which an offer may not be revoked] An offer may be revoked, except in any of the following circumstances:

1) The offeror expressly states that the offer is irrevocable by determining the commitment period or in other forms;

2) The offeree has reason to believe that the offer is irrevocable and has made reasonable preparations for the performance of the contract.

Article 477: [Revocation of Offer]If the expression of intent to revoke an offer is made in the form of dialogue, the content of the expression of intent shall be known to the offeree before the offeree makes the acceptance; If the expression of intent to withdraw an offer is made in a non-dialogical manner, it shall reach the offeree before the offeree has made an acceptance.

2. Conditions for the conclusion of the contract.

1. There is a two-party or multi-party law in the subject of the contract. The so-called contracting subject refers to the person who actually concludes the contract, they can be both the future parties to the contract and the first person of the party to the contract, the contracting subject is different from the subject of the contract, the subject of the contract is the party to the contractual relationship, and they are the people who actually enjoy the rights of the contract and bear the obligations of the contract.

2. The parties must conclude the contract "in accordance with the law". The so-called "lawful" signing of a contract means that the conclusion of a contract must comply with the requirements of laws and administrative regulations, because the contract stipulates the relationship of rights and obligations between the parties, and the rights and obligations are enjoyed and undertaken in accordance with the provisions of the law, so the conclusion of the contract must comply with the provisions of laws and administrative regulations. If the contract entered into by the parties violates the requirements of laws and administrative regulations, the law will not recognize and protect it, so that the purpose of the agreement between the parties cannot be realized, and the conclusion of the contract will also lose its meaning.

3. The parties must reach a consensus on the main terms of the contract. That is, the contract must be agreed upon by both parties. The so-called consensus refers to the same and non-disagreement method reached after negotiation and bargaining.

4. The formation of the contract should have the offer and acceptance stage method. The offer acceptance is the basic rule for the formation of a contract, and it is also a two-stage method that must be passed through for the formation of a contract. If Hebi Fantong does not undertake, but only stays at the offer stage, the contract is not formed.

A contract begins with negotiations between the parties to a contract and is legislated by agreement between the contractual offer and the promise thereof.

The relationship between the contract and the offer is that the offer is a necessary stage for the conclusion of the contract and a prerequisite for the formation of the contract. When the parties conclude a contract, they may take the form of offer or acceptance.

An offer is an expression of intent to enter into a contract with another person, and after the offer becomes effective, the offeree can make an undertaking that the contract will be formed when the acceptance takes effect.

[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 472.

An offer is an expression of intent to enter into a contract with another person, and the following conditions shall be met

1) The content is specifically determined;

2) Indicate that the offeror is bound by the expression of intent after accepting the offeror's acceptance.

The difference between an offer and a contract is that an offer is an expression of the intention of the parties to conclude a contract with others, and a contract is only established when the other parties accept the offer and make a promise. The conclusion of a contract requires two stages: offer and acceptance.

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, acceptance or other means. Article 472 of the Civil Code of the People's Republic of China An offer is an expression of intent to conclude a contract with another person as soon as possible, and the following conditions shall be met: (1) The content is specifically determined; (2) Indicate that the offeror is bound by the expression of intent after accepting the offeror's acceptance.