The Concept of Offer in Different Legal Systems

Abstract

One of the essential elements of contract in both civil law and common law systems is agreement or consent of the parties. An agreement is composed of two elements: offer and acceptance. For the agreement to be valid, it must be possible to show that one party made an offer, and the other party accepted this offer. Two questions arise regarding offer in civil law and common law systems, as follows: What is the difference between offer and other steps in the negotiation process in both civil law and common law systems? What is the difference between termination of offer in both civil law and common law systems? The main aim of the current study is to illustrate the concept of offer and termination of offer in both civil law (French, German, Iraqi, Swiss and China Civil Code) and common law systems (English). To achieve this aim, the study examines offer in civil law and common law systems, then distinguishes preliminary statements from the offer and finally, explains circumstances under which offer may be terminated in both civil law and common law systems.

Keywords: Contract, Offer, Preliminary Stages in the Negotiation Process, Civil Law Systems, Common Law Systems, Termination of Offer.

DOI: 10.7176/JLPG/101-16

Publication date:September 30^th 2020