The Research On The Silent Acceptance

This thesis is a discussion about the problems related silent acceptance.The so-called silent acceptance refers to the offeree did not make any positive reaction and keep silent after he receive the offeror's offer,and then which was identified as acceptance.At present,about silent acceptance,there is little research in our academic circles,and less legal theory can be used to guide the judicial practice,at the same time,there also is no specific regulations on the silent acceptance in our laws,but in the real life,there are many kinds of special circumstances,in which it needs take the silence identified as acceptance in order to maintain the balance of interests of both parties,and to promote the completion of the trade successfully and safely.This paper mainly makes a summary and comparative analysis of the attitude of several typical countries of the two law systems about silent acceptance,by the the methods of comparative analysis,empirical study,normative study,and draws the preliminary conclusion at last.The main part of the thesis is divided into four parts in addition to the introduction and the conclusion.The first part mainly includes three aspects,the first aspect is to make an introduction of basic theory about silent acceptance,preparing for the further theoretical study;the second aspect is to define the concept of silent acceptance;the third aspect is to point out the value of the research.The second part mainly makes a summary of the cases in which silent acceptance is applied in the various countries and a comparative analysis of the difference between different countries from the legislation,the judicial practice to the academic research,through the investigation on the attitude of the several typical country of the two law system on silent acceptance.The third part mainly make an investigation on the attitude of our country about silent acceptance,from the angle of the legislation and the research of the academic circles,and then of which make a comparative analysis,then based on which point out the author's view,which is also the focus of the thesis.The fourth part mainly make an investigation on the the practice about the silent acceptance in the judicial practice of our country,through the research and the analysis on the related judicial cases.The innovation of this thesis lies in it,where this article points out what we should do in our current country about silent acceptance and the circumstances in which the silent acceptance is applied is more reasonable and legitimate,in view of the situations in which there is no specific regulations in our laws and short of the theoretical research on the silent acceptance,and as this,there is not a unified understanding in judicial practice.