Font Size: a A A

The Conclusion Time Of Contract In Bidding

Posted on:2008-08-05Degree:MasterType:Thesis
Country:ChinaCandidate:G H WanFull Text:PDF
GTID:2166360215463240Subject:Law
Abstract/Summary:PDF Full Text Request
Through the process of bidding for contracts, generally it must be after Bid invitation, Bidding, Determination of the Winning Bidder several stages. After the winning bidder has been determined, the bid inviting party shall issue a letter of acceptance to the winning bidder and simultaneously informs all the losing bidders of the result of the determination of the winning bidder. The letter of acceptance is the nature of Acceptance, which there is no much divaricating between theory and practice. But there are Sharp arguments on whether the contract has been concluded or not after the letter of acceptance has been issued. One view was that after the letter of acceptance has been issued, the contract has been concluded. Opposing view was that after the letter of acceptance has been issued, the contract has not been concluded, the contract will be concluded after concluding a written contract. The two sides are trying to find their gist in law, but one side of the argument does not directly respond the other side that resulted in the defects in both views. There is one view which claims that after the letter of acceptance has been issued, the contract should be concluded, but not concluded in fact according to Current laws.This Thesis deems that after the letter of acceptance has been issued, the contract has been concluded without reference to the angle. The view is that after the letter of acceptance the contract has not concluded in fact according to current laws is the result of wrong understanding of the relevant laws.This Thesis has five chapters. Chapter one start with an actual classic case, draw forth the problem which will discuss later; Chapter two introduced the common theory of conclusion of a contract. Chapter three introduced the process of bidding for contracts. The three stages of Bid invitation, Bidding and Determination of the Winning Bidder, their legal character are respectively the Invitation to Offer, Offer and Acceptance; Chapter four criticized the special requirement of conclusion of a contract, the conclusion of a contract unconcerned the form of contract except the contract parties call for it; Chapter five came to the conclusion that after the letter of acceptance has been issued, the contract has been concluded from three aspects: Preliminary Agreement, Letter of Confirmation and Written Contract.At last, this Thesis deems that the relevant parts of current laws have to be amended, so I put forward my proposal, hope it is useful for the draft of the Enforcement Regulations of The Bid invitation and Bidding Law.
Keywords/Search Tags:Bid invitation, Bidding, the Form of Contract, Conclusion of a contract
PDF Full Text Request
Related items