ЋУТАЊЕ ПОНУЂЕНОГ КАО ЗНАК ПРИСТАЈАЊА ПРЕМА ЗАКОНУ О ОБЛИГАЦИОНИМ ОДНОСИМА
THE SILENCE OF THE OFFEREE AS A SIGN OF ASSENT IN THE LAW OF CONTRACTS

Summary/Abstract: It is commonly said that silence is a sign of approval. In the current Law of Contracts (civil and commercial), the general rule is that the silence of an offeree does not mean assent. From that point of view, the silence of an offeree produces the same legal effects as the refusal of an offer. The general rule on silence is envisaged in our Code of Obligations in Article 42, paragraph 1: The silence of an offeree does not mean assent to an offer. Besides that, paragraph 2. contains a rule of great significance, according to which: "A clause in an offer that the silence of the offeree or some other omission by him will be considered as acceptance (for instance, if he does not refuse the offer by a certain date or does not return the goods sent to him with the offeror's intention to conclude a contract, etc.) has no legal effect."

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