Acceptance of the offer (acceptance).
The party making the offer is called the tenderer. The host is an acceptor.
Chapter 28 Art 402-413.
Article 402. Basic provisions on the conclusion of an agreement
1. An agreement shall be deemed concluded if the parties have reached an agreement on all essential terms of the agreement in the form required in the appropriate cases.
Essential are the conditions on the subject of the contract, the conditions that are named in the legislation as essential, necessary or mandatory for contracts of this type, as well as all those conditions regarding which an agreement must be reached at the request of one of the parties.
2. The contract is concluded by sending an offer (proposal to conclude a contract) by one of the parties and its acceptance (acceptance of the proposal) by the other party.
Article 403. Moment of conclusion of the contract
1. The contract is recognized as concluded at the time of receipt by the person who sent the offer, its acceptance.
2. If, in accordance with the legislation, the transfer of property is also necessary for the conclusion of an agreement, the agreement shall be deemed concluded from the moment of transfer of the relevant property (Article 225).
3. The contract subject state registration, is considered concluded from the moment of its registration, and if necessary notarial certification and registration - from the moment of registration of the agreement, unless otherwise provided by legislative acts.
4. An agreement concluded on an exchange is considered concluded from the moment determined by the legislation governing the activities of such an exchange, or by the rules in force on the exchange.
Article 404. Form of contract
1. A contract may be concluded in any form provided for the conclusion of transactions, unless a specific form is established for contracts of this type by this Code and other legislative acts.
If the legislation does not require a notarial form for this type of contract, but the parties have agreed to conclude it in this form, then the contract is considered concluded from the moment it is given a notarial form.
If the legislation does not require a written (simple or notarial) form for this type of contract, but the parties have agreed to conclude it in a simple written form, then the contract is considered concluded from the moment it is given a simple written form.
2. An agreement in writing may be concluded by drawing up one document signed by the parties, as well as by exchanging documents by means of postal, telegraph, teletype, electronic or other communication, allowing to reliably establish that the document comes from a party to the agreement.
3. The written form of the contract is considered to be observed if the written proposal to conclude the contract is accepted in accordance with paragraph 3 of Article 408 of this Code.
Article 405. Offer
1. An offer is a proposal addressed to one or several specific persons, which is sufficiently definite and expresses the intention of the person who made the proposal to consider himself to have concluded an agreement with the addressee who will accept the proposal.
The offer must contain the essential terms of the contract.
2. The offer shall bind the person who sent it from the moment of its receipt by the addressee. If the notice of revocation of the offer was received earlier or simultaneously with the offer itself, it is considered not received.
Article 406. Irrevocability of an offer
An offer received by the addressee cannot be withdrawn within the period established for its acceptance, unless otherwise stipulated in the offer itself or follows from the essence of the offer or the environment in which it was made.
Article 407. Invitation to make offers
2. A public offer is an offer containing all the essential conditions of the contract, from which the will of the person making the offer is seen to conclude an agreement on the conditions specified in the offer with anyone who responds.
Article 408. Acceptance
1. Acceptance is the response of the person to whom the offer is addressed regarding its acceptance.
The acceptance must be complete and unconditional.
2. Silence is not an acceptance, unless otherwise follows from the legislation or agreement of the parties.
3. The performance by the person who received the offer, within the time period established for its acceptance, of actions to fulfill the terms of the contract specified in it (shipment of goods, provision of services, performance of work, payment of the corresponding amount, etc.) is considered acceptance, unless otherwise provided legislation or not specified in the offer.
Article 409. Withdrawal of acceptance
If the notice of withdrawal of acceptance was received by the person who sent the offer earlier or simultaneously with the acceptance itself, the acceptance is considered not received.
Article 410. Conclusion of an agreement on the basis of an offer containing a term for acceptance
When the term for acceptance is specified in the offer, the contract is considered concluded if the acceptance is received by the person who sent the offer within the period specified in it.
Article 411. Conclusion of an agreement on the basis of an offer that does not contain a time limit for acceptance
1. When the deadline for acceptance is not specified in the written offer, the agreement is considered concluded if the acceptance is received by the person who sent the offer before the expiration of the period established by law, and if such a period is not established, within the time normally necessary for this.
2. When an offer is made orally without specifying a time limit for acceptance, the contract is considered concluded if the other party immediately declared its acceptance.
OFFER TO CONCLUDE A DEAL
(offer) The price at which the seller wants to sell something. If his offer is accepted (acceptance of the offer), a contract is concluded that has legal force... Under the law, an offer differs from an invitation to a treaty, which is an invitation from one person or firm to make an offer to others. An example of an invitation to a deal would be a display of goods in a shop window. See also: offer price; quotation.
Finance. Dictionary. 2nd ed. - M .: "INFRA-M", Publishing house "Ves Mir". Brian Butler, Brian Johnson, Graham Sidwell, et al. General editorial: Ph.D. Osadchaya I.M.. 2000 .
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