Few Questions Concerning an Offer and Acceptance According to Vienna Convention Cover Image

Neka pitanja u vezi sa ponudom i prihvatom prema Bečkoj konvenciji
Few Questions Concerning an Offer and Acceptance According to Vienna Convention

Author(s): Katarina Jovičić
Subject(s): International Law, International relations/trade, Sociology of Law
Published by: Institut za uporedno pravo
Keywords: International trade; offer; acceptance; Vienna Convention;

Summary/Abstract: An assent on elements of a contract is essential when concluding it and it can be analysed by means of an offer and its acceptance in case contracting parties exchange their statements in that way. This question is especially interesting in cases of international contracts, since contracting parties are from different countries and they regularly don't speak the same language, so they come across problems and obstacles in communication. Beside that they often interpreted law terms when using them differently, because they belong to different legal systems – so the parties can have quite different attitude concerning offer and its acceptance and their legal importance, the offer liability regarding its terms or whether it is boundary at all, about the importance of additional or different terms of an offer in acceptance statement and similar. Exchange of goods and services at the international market takes place significantly according to regime of Vienna Convention on contracts for the international sale of goods which now already counts 60 acceded countries. Reaching an asset of will by means of an offer and its acceptance according to regulations of this Convention is the subject to be studied in this work – firstly, we have to discuss the question of obligatory terms which must be fulfilled in order to create a statement which is to be considered as an offer. Concerning the above mentioned, the special attention is to be paid to contradictions occurring in the articles 14 and 55 of the Convention for in law theory as well as in case law different positions regarding their meaning are to be found. In addition to that the regulations are analysed which bring under the control of law the questions of legal effect of an offer and its acceptance. They are interesting because they represent the result of compromises based on different concepts existing in comparative law.

  • Issue Year: 2009
  • Issue No: 3
  • Page Range: 185-203
  • Page Count: 19
  • Language: Serbian
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