Studies On The Formation Of Contract In China And Foreign Countries

Formation of contract is one of the important parts of contractual theory. However, it is somehow neglected because it works just before the point on which the contract comes into effect.This paper compares and analyses the elements of offer, acceptance and culpa in contrahendo.The paper focuses on such issues as the concept, withdrawal, revocation and modifications of offer, which is established on the foundation of the indepth study on common law, continental law, CISG and UNIDROIT Principles (2004).Meanwhile, the paper analyses as well the concept, duration, the effectiveness of a late acceptance, the effectiveness of modifications of the acceptance, withdrawal of the acceptance.The objective interpretation developed both in Anglo-American and civil law, taking into account the relative regalations in CISG and UNIDROIT Principles (2004).In the system of the culpa in contrahendo, the article discusses the history and development of the system, and analyses the important elements of the system. The article, on basis of the research, compares all kinds of theories of causes of the requestment of the system andanalyses the scope of the system.