CONCLUSION OF THE CONTRACT
LexInter | July 17, 2013 | 0 Comments

CONCLUSION OF THE CONTRACT

The conclusion of the contract corresponds to the formation of the contract giving rise to the commitments of the parties determining their obligations .

The principle of consensualism implies that the contract is concluded by the exchange of consents, when the training conditions are met, without any legal requirement of form.

The consumer law , like the laws in various adhesion contracts , impose protective formalism.

In Anglo-Saxon practice, the conclusion of the contract obeys the formalism of ” closing “.

FORM

DISTANCE SELLING

OFFER

European principles of contracts

Article 2: 101: Conditions for the conclusion of a contract

(1) A contract is concluded when
(a) the parties intended to be legally bound,
(b) and have reached a sufficient agreement, without any other condition being required.
(2) The contract need not be concluded or evidenced in writing and is not subject to any other formal requirement. It can be proven by any means, including by witnesses.

Comparative Law

Civil Code of Quebec

1385.   A contract is formed by the sole exchange of consent between persons capable of contracting, unless the law also requires compliance with a particular form as a necessary condition for its formation, or the parties do not ‘subject the formation of the contract to a solemn form.

Swiss Code of Obligations

Conclusion of the contract

Restatement (second) of contract and the process leading to the conclusion of the contract

offers

acceptance form_of_acceptance_invited

invitation_of_promise_or_performance

counter_offer

lapse_of_time

revocation

 

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