Offer and acceptance

By accepting ( calque from Latin acceptio ) an offer, a contract is established. As the offer, also provides its adoption a receiving needy declaration of intent dar.

Term

The adopter is explained by the assumption to be bound by the offer. Therefore, the declaration of acceptance in respect must be given to the offer and the content of the main points ( essentialia negotii ) match the offer.

If not for certain legal transactions a form prescribed by contract or law, the assumption can informally be explained by implied behavior.

An acceptance notice to the offeror is then not necessary if a declaration of acceptance " is not to be expected according to the prevailing practice, or the offeror has waived them" ( § 151 sentence 1 BGB). It is necessary then only the assumption, that a recognizable outward unique operation of acceptance will, as implied by actions, but not access a statement.

In commercial law can also silence the acceptance of an offer mean ( § 362 HGB).

Challenging the acceptance is subject to the general rules. Designating offer and acceptance only apparently the same subject, there is a so-called dissent, which must be resolved either by supplementary interpretation of the contract or result in the invalidity of the contract.

Effect

Does the adoption of content the offer, the contract is concluded.

However, if the acceptance contains the offer to changing conditions, this is in accordance with § 150 paragraph 2 BGB regularly not an acceptance but a rejection of the offer with the simultaneous submission of a fresh supply of the new terms dar.

If the assumption is too late and also accepts no exception of § 149 BGB, the assumption does not lead to the contract because the offer has now lapsed due to time limit expired. The late acceptance in accordance with § 150 paragraph 1 BGB as a new offer.

• Contract Law