Definition of an offer under the UN Convention on Contracts for the International Sale of Goods (1980)

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The article focuses on the analysis of the concept of an “offer” as a stage of contract conclusion under the UN Convention on Contracts for the International Sale of Goods (Vienna, 1980). At the same time, a special emphasis is made on the study of disputable situations that arose in assessing the conclusion of contracts in practice and which have been considered in the doctrine. Much attention is paid to the works of foreign lawyers and foreign law enforcement practice, which explains the practical usefulness and novelty of the conducted research. The aim of the work is to identify the key elements of the offer that distinguish it from the invitation to make offers in the understanding of the Convention. For this purpose, the article considers, among other things, such categories as “specifi c addressee”, “sufcient certainty”, “express intention”. For a deeper analysis of the context, the author also considers the procedure for withdrawal of an offer and its entry into force under the Convention. Based on the results of the study, the author concludes that, though the Convention provides for a clear and predictable regulation of the procedure for the conclusion of contracts for the international sale of goods, the key factor in assessing any proposal as an offer will be the circumstances of a particular case that should help to determine the intentions of the parties to a potential contract.

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Offer, invitation to make an offer, contract, contract formation, Vienna Convention on Contracts for International Sale of Goods (CISG) of 1980

Короткий адрес: https://sciup.org/148331468

IDR: 148331468   |   DOI: 10.18137/RNU.V9276.25.03.P.074

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