On The Legal Validity Of The Offer

The offer is the prerequisite for the contract as a first step in the program to enter into an agreement.This paper attempts for the following aspects to proceed: The character of the offer; is in effect upon the offer; the implication of offer effectiveness and the elimination of the offer.First of all from the significance of the offer, It means that position upon the expression of intention area, Then analyze it with the constituent elements of expression on intention theory. In order to understand clearly the effectiveness of the offer, offer is classfied into two different stages in this paper,that is the form of an offer,and the other is an offer in real terms. The division of standards relative to whether the acceptance to the offeree.This will not only logically coincide with the theory of an offer to be effective under the classification, In addition, it also enables offer a real explanation on the issue of binding the parties. In the form of an offer, contains two possibilities. An offer is in line with the elements, However, the relative who did not arrive; Another case is the arrival of an offer by the offeror, but the other side has not accepted. The two situations offers are not the same effectiveness, In other words, the binding strength is difference to the people. The former based on the principle of autonomy, are issued free to withdraw.The latter may affect the relative interest on the people's trust, Based on the principle of good faith and to encourage trading. The withdrawal of the arrival offer should be restricted on the principle of promotion of social wealth. According to the real terms of offer, at this time the offer have been on a qualitative change, The establishment of a contract reaches our destination, The essence of binding strength played a role and not withdraw at this time.Of course, this is a normal program in an general offer,but in real life situations it is complex and diverse.The article will be analyze in the special offer chapter. Finally, an offer for the eradication of this article show that in the following circumstances: First, the offer does not take effect; The second type is the effectiveness outcomes after a valid one; Third, after the end of a successful state it has returned to the starting point and self-eradication.